El-Bayeh v Bayeh t/as JARS Engineering & Contracting Services [2017] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: El-Bayeh v Bayeh t/as JARS Engineering & Contracting Services [2017] NSWSC 322 Hearing dates: 20-22 March 2017 Decision date: 31 March 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Proceedings to be dismissed with costs Catchwords: CONTRACT – project management of construction of warehouse – proper construction of agreement – whether defendant failed to exercise reasonable care and skill in project management – whether defendant should have procured plaintiff to apply for relevant consents earlier – whether defendant caused delay to project; EVIDENCE – admissibility – expert report – whether conclusions reached based on expert knowledge – whether expert's reasoning process disclosed – where to admit report would result in prejudice to defendant; LIMITATIONS – whether part of plaintiff's claim statute barred – whether complaint was that defendant failed to perform a single act capable of determination – whether defendant's alleged breaches of contract were made repeatedly; DAMAGES – whether plaintiff had proved damage by loss of chance to lease premises earlier Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bone v Wallalong Investments Pty Ltd [2012] NSWSC 137 Dasreef Pty Limited v Hawchar (2011) 277 ALR 611 Hammond v Minister for Works (1992) 8 WAR 505 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Rolleston v Insurance Australia Ltd [2016] NSWSC 1561 Troulis v Vamvoukakis [1998] NSWCA 237 Winnote Pty Ltd v Page (2006) 68 NSWLR 531; NSWCA 287 Category: Principal judgment Parties: Yousseff El-Bayeh (Plaintiff) Samir Bayeh trading as JARS Engineering & Contracting Services (Defendant) Representation: Counsel: E T Finnane (Plaintiff) M Condon SC (Defendant)