Harris v Morabito Holdings [2018] NSWSC 912

Supreme Court New South Wales

Medium Neutral Citation: Harris v Morabito Holdings [2018] NSWSC 912 Hearing dates: 30/05/2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: See at [155] – [158]. Catchwords: BUILDING AND CONSTRUCTION – adoption of referee's report – discretion to adopt to be exercised judicially and with regard to the purpose for which discretion to refer is given – where report is factually thorough and reaches conclusions open on the evidence – where most errors complained of involve an attempt to reargue on the merits – exception regarding conclusions on delay and variations where there was a denial of natural justice – referee's report adopted in whole with the exception of conclusions regarding delay and variations.

CONTRACT – interpretation of building contract –distinction between the interpretation of the terms of a contract and standard or extent of performance required to satisfy those terms. Legislation Cited: Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228 Bellgrove v Eldridge (1954) 90 CLR 613 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (2013) 84 NSWLR 410 Jazabas Pty Ltd v Haddad (2007) 65 ACSR 276 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 Norbis v Norbis (1986) 161 CLR 513 Plant Construction PLC v Clive Adams & Associates [2000] BLR 137 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Wenco Industrial Pty Ltd v WW Industries Pty Ltd (2009) 25 VR 119 Category: Principal judgment Parties: Anne Harris as executor of the estate of the late Arthur Harris (First Plaintiff) Anne Harris (Second Plaintiff) Morabito Holdings Pty Ltd t/as Marc Morabito Constructions (Defendant) Representation: Counsel: P J Bambagiotti (Plaintiffs) L Shipway (Defendant)