Recent Cases

C&v Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2023] NSWCA 167 (24 July 2023) (Kirk, Adamson and Stern JJA)


CONTRACT – construction – party oral partly written contract – whether contract was formed to procure and fabricate steel soldiers – whether contract in part subject to a condition – whether contract limited to procuring steel in preparation of building works – whether contract subject to condition precedent that there be direction prior to fabricating.

CONTRACT – breach of contract – whether award of damages includes an amount corresponding on GST component for a supply on a tax invoice.

CONTRACT – construction – whether additional sums by way of administration charges payable – no reference to administration charges in standard terms and conditions – no proper basis for establishing claim for additional sums.