Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2020] NSWSC 479

Supreme Court New South Wales

Medium Neutral Citation: Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2020] NSWSC 479 Hearing dates: 29 April 2020 Decision date: 01 May 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Extend the time within which the summons is to be filed to 30 July 2019.

(2) Extend the time within which the cross-summons is to be filed to 1 October 2019.

(3) Grant leave to the plaintiff to appeal on ground 4 and allow the appeal.

(4) Grant leave to the defendant to appeal on grounds 1 and 1A but dismiss the cross-appeal.

(5) Set aside the order for judgment and interest made by Kennedy LCM on 4 June 2019 and the costs order made by Kennedy LCM on 25 June 2019.

(6) In lieu of the orders in (5) above, make the following orders:

(a) Judgment for the plaintiff (C & E Critharis Constructions Pty Limited) in the sum of $1.

(b) Order the plaintiff (C & E Critharis Constructions Pty Limited) to pay the costs of the defendant (Cubic Metre Pty Ltd).

(7) Reserve the costs of the proceedings in this Court.

(8) Direct the parties to inform my Associate in writing within seven days of the date hereof whether they wish to be heard on the question of costs. Catchwords: APPEALS — Appeal from Local Court to Supreme Court — damages for breach of contract — whether magistrate erred by awarding damages for a loss that was not particularised or relied on at hearing

CONTRACTS — Remedies — Damages — where damages claimed for costs of rectifying defect in construction — whether magistrate erred in failing to award damages for rectification costs