Brookfield Australia Investments Limited v Lucas Stuart Pty Limited [2012] NSWSC 1130

Supreme Court New South Wales

Medium Neutral Citation: Brookfield Australia Investments Limited v Lucas Stuart Pty Limited [2012] NSWSC 1130 Hearing dates: 11 and 13 September 2012 Decision date: 13 September 2012 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: The Roofs Claim has been settled Catchwords: SETTLEMENT - offer and acceptance - variation - condition Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Boreland v Docker [2007] NSWCA 94 Howe v Connell (Supreme Court of New South Wales, Young J, 25 September 1997, unreported) Lark v Outhwaite [1991] Lloyd's Rep 132 Stevenson v McLean (1880) 5 QBD 346 Turner, Kempson & Co v Camm (1922) VLR 498 Texts Cited: Carter on Contract, vol 1 Category: Interlocutory applications Parties: Brookfield Australia Investments Limited (formerly known as Brookfield Multiplex Limited, Multiplex Limited, and Multiplex Constructions Pty Ltd) (plaintiff) Lucas Stuart Pty Limited (formerly known as Stuart Pty Ltd) (defendant) Representation: Counsel: B F Katekar (plaintiff) M Walton SC (defendant) Solicitors: Bartier Perry (plaintiff) Truman Hoyle (defendant) File Number(s): SC 2007/266646 Publication restriction: Nil

EX TEMPORE Judgment 1The plaintiff, Brookfield Australia Investments Limited, seeks damages from the defendant, Lucas Stuart Pty Limited, in relation to a contract between them pursuant to which Lucas agreed to construct for Brookfield two residential flat buildings, eight townhouses and a cottage in Concord. 2Relevantly, Brookfield makes a "Doors and Windows Claim", a "Cracking Claim" and a "Roofs Claim" against Lucas. 3On 20 April 2012 the matter was set down for hearing on 10 September 2012, that is, last Monday, with an estimate of four to five days. On 4 May 2012 that hearing date was vacated and all issues (apart from a cross-claim between Lucas and an insurer) were referred to Mr Steven Goldstein pursuant to Uniform Civil Procedure Rules 2005 ("UCPR") r 20.14 for enquiry and report. I have been told that the matter has been set down before Mr Goldstein for seven days. The reference will commence Monday 17 September 2012.