Mir Bros Trading Co Pty Ltd v Cavasinni Constructions Pty Ltd & Ors [2016] NSWSC 1873

Supreme Court New South Wales

Medium Neutral Citation: Mir Bros Trading Co Pty Ltd v Cavasinni Constructions Pty Ltd & Ors [2016] NSWSC 1873 Hearing dates: 5 – 8 December 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Common Law Before: Fagan J Decision: 1. Judgment for the plaintiff against the first defendant for $160,000 in damages for breach of contract.

2. The claims in the further amended statement of claim are otherwise dismissed as against the first defendant.

3. Judgment for the second and third defendants against the plaintiff on all causes of action pleaded against them in the further amended statement of claim. Catchwords: CONTRACT – agreement to construct retaining walls on boundary – time within which walls required to exhibit agreed strength

PRINCIPAL and agent – individual contracting without notifying capacity as agent for corporations – personally bound by agreement – corporations also bound through actual authority

LIMITATION of actions – accrual of cause of action in contract Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Limitation Act 1969 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185 Codelfa Constructions v State Rail Authority (1982) 149 CLR 337 Hyundai Merchant Marine Co Ltd v Dartbrook Coal (Sales) Pty Ltd [2006] FCA 1324 Mir Bros Trading Co Pty Ltd v Cavasinni Constructions Pty Ltd [2015] NSWSC 421 Reid v Moreland Timber Co Pty Ltd (1946) 73 CLR 1 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 169 Category: Principal judgment Parties: Mir Bros Trading Co Pty Ltd (plaintiff) Cavasinni Constructions Pty Ltd & Ors (defendants) Representation: Counsel: Mr Frank Kalyk (plaintiff) Mr Daniel Neggo (defendants)