Baker & Provan Defence Pty Limited v Supacat Pty Ltd [2020] NSWSC 720

Supreme Court New South Wales

Medium Neutral Citation: Baker & Provan Defence Pty Limited v Supacat Pty Ltd [2020] NSWSC 720 Hearing dates: 18 to 22 and 27 May 2020 Decision date: 12 June 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Judgment for the plaintiff in the sum of $1,409,882.15;

(2) Order that the defendant pay the plaintiff's costs of the proceedings;

(3) Liberty to either party to apply to vary order (2) within 14 days of the date of this judgment. Catchwords: CONTRACT – Where contract sets out mechanism to determine apportionment of responsibility for assembly costs overrun – Where party who has to make the determination has to act "reasonably" – Consideration of what acting reasonably involves in the circumstances – Damages – Consideration of principles relating to proof of damages – Where the defendant did not rebut the evidence adduced by the plaintiff. Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Fink v Fink (1946) 74 CLR 127 Ho v Powell (2001) 51 NSWLR 572; [2001] NSWCA 168 Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd [2005] FCA 288 Paragon Finance Plc v Nash [2002] 1 WLR 685 Robinson v Harman (1848) 1 Exch 850 State of New South Wales v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 Walton v Illawarra [2011] NSWSC 1188 Category: Principal judgment Parties: Baker & Provan Defence Pty Limited (Plaintiff) Supacat Pty Ltd (Defendant) Representation: Counsel: M Sheldon (Plaintiff) E Glover (Defendant)