Recent Cases

Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd [2022] NSWCA 269 (15 December 2022) (Meagher and Mitchelmore JJA, Basten AJA)


Catchwords:


CONTRACTS – remedies – damages – proof of loss or damage – developer promised to pay amounts owing by builder to subcontractors – builder issued payment schedules – subcontractors received some payments from builder and developer – whether “previous payment” in payment schedules referred to payments paid

CIVIL PROCEDURE – pleadings – calculation of loss or damage – whether appellants’ case in final submissions was pleaded or run at trial – amount owing under payment schedules deducting amounts paid to appellants – case not materially different – sufficient notice – evidence supported calculations

EVIDENCE – documentary evidence – business records – payment schedules – no issue of authenticity or sufficiency – no need to prove extraneously matters disclosed in payment schedules