Bettar Holdings Pty Limited v All Sydney Plumbing Pty Limited [2019] NSWSC 940

Supreme Court New South Wales

Medium Neutral Citation: Bettar Holdings Pty Limited v All Sydney Plumbing Pty Limited [2019] NSWSC 940 Hearing dates: 22, 23 July 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: Judgment in favour of the plaintiff against the second defendant, in the sum of $297,500, on account of liquidated damages, under the contract between the plaintiff and the first defendant, dated April 2015.

Judgment for the plaintiff against the second defendant, in the further sum of $487,000, on account of loss of bargain damages on termination of the contract.

The second defendant pay the plaintiff's costs of the proceedings, on the ordinary basis, up to and including 19 March 2019 and thereafter on the indemnity basis. Catchwords: CONTRACTS — Remedies — Liquidated damages – where plaintiff Contractor claims indemnity for liquidated damages from second defendant for first defendant's failure to complete work per contractual timetable – where first defendant sub-contractor and second defendant director of first defendant and guarantor of its contractual obligations – where by list response second defendant asserted he had not signed the contract as guarantor but no further evidence led to rebut inference from apparently regular signature on contract.

CONTRACTS — Remedies — Damages — Termination – where Contractor claims indemnity for damages by reason of first defendant' failure to complete works – where second defendant is guarantor of first defendant's contractual obligations.

CIVIL PROCEDURE — Appearance — No appearance by second defendant guarantor. Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.15 Cases Cited: None Texts Cited: None Category: Principal judgment Parties: Bettar Holdings Pty Ltd (Plaintiff) All Sydney Plumbing Pty Ltd (First Defendant) Andrew Veselcic (Second Defendant) Representation: Counsel: J Wright (Plaintiff)