Boss Constructions (NSW) Pty Ltd v Rohrig (NSW) Pty Ltd [2019] NSWSC 374

Boss Constructions (NSW) Pty Ltd v Rohrig (NSW) Pty Ltd [2019] NSWSC 374

Neither party established the existence of a concluded contract: the parties contemplated entering into a contract and acted as if they would, but a binding contract never eventuated. Without a contract, both parties’ claims for breach fail.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Claim and cross-claim dismissed
Legal Topics
['breach of Contract' 'contract Formation' 'security of Payment']
['building and Construction' 'contract'] ['breach of Contract' 'contract Formation' 'security of Payment']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether a binding contract existed between Boss Constructions (NSW) Pty Ltd and Rohrig (NSW) Pty Ltd; whether either party is entitled to damages for breach of contract; whether variations and termination fees are payable']

Ratio Decidendi

Neither party established the existence of a concluded contract: the parties contemplated entering into a contract and acted as if they would, but a binding contract never eventuated. Without a contract, both parties’ claims for breach fail.

Court Disposition

Claim and cross-claim dismissed

Orders

  • ['The claim is dismissed' 'The cross-claim is dismissed' 'The exhibits are to be returned']