Bannister & Hunter v Transition Resort Holdings (No.3) [2013] NSWSC 1943

Supreme Court New South Wales

Medium Neutral Citation: Bannister & Hunter v Transition Resort Holdings (No.3) [2013] NSWSC 1943 Hearing dates: 04/11/2013, 05/11/2013, 06/11/2013, 7/11/2013, 08/11/2013 and 12/11/2013 Decision date: 20 December 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Plaintiff's claim for fees made out subject to defence of set-off. Defendant's cross-claim for damages succeeds in part. Claims to be set off. Parties to bring in orders. Catchwords: CONTRACTS - building contracts - where contractor retained to provide design and construction management services - whether contractor charged for design work performed by another contractor - no question of principle

CONTRACTS - building contracts - where contractor retained to provide design and construction management services - where design defective - no question of principle

CONTRACTS - building contracts - where contract required contractor to call for tenders for certain works - whether requirement met - falls for decision on particular facts

BUILDING & CONSTRUCTION - progress claims - whether contractor used an inappropriate conversion rate to convert cubic metres to tonnes - whether contractor certified for a greater volume of fill than was delivered - whether the plaintiff was charged for fill that was offered free of charge and not delivered

CONTRACTS - building contracts - where contractor was required to manage and supervise other contractor's works - whether steps taken to supervise works appropriate in the circumstances

DAMAGES - rectification - costs of rectification - insufficient evidence to determine the extent and cost of rectification - whether those questions should be referred out