Total Development Supplies Pty Ltd v GRD Building Pty Ltd No 2 [2008] FCA 1501

Total Development Supplies Pty Ltd v GRD Building Pty Ltd No 2 [2008] FCA 1501

Total failed to complete the sub-contract works by the revised completion date. GRD's affidavit evidence and reconciliation accurately established completion and rectification costs recoverable under clause 17.3, and GRD was also entitled to liquidated damages under clause 13.4 from 29 November 2006 to 3 July 2007. After deducting the amount GRD accepted remained due to Total, the net amount payable by Total to GRD was $1,366,977.72.

Jurisdiction
Australia
Judgment Date
08 October 2008
Procedural Posture
Cross Claim Under a Building Sub Contract; Original Claim Included Payments Due Under the Sub Contract and Misleading and Deceptive Conduct Under S 52 of the Trade Practices Act 1974 (cth) / Assessment of Damages After Default Judgment on the Respondent's Cross Claim
Outcome
Judgment entered for GRD Building Pty Ltd on its cross-claim against Total Development Supplies Pty Ltd in the sum of $1,366,977.72, with costs.
Legal Topics
['building Sub Contract' 'default Judgment' 'assessment of Damages' 'completion Costs' 'liquidated Damages' 'security for Costs' 'discontinuance']
['contract Law' 'construction Law' 'trade Practices'] ['building Sub Contract' 'default Judgment' 'assessment of Damages' 'completion Costs' 'liquidated Damages' 'security for Costs' 'discontinuance']

Case Brief

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Procedural Posture

Cross Claim Under a Building Sub Contract; Original Claim Included Payments Due Under the Sub Contract and Misleading and Deceptive Conduct Under S 52 of the Trade Practices Act 1974 (cth) / Assessment of Damages After Default Judgment on the Respondent's Cross Claim

Legal Issues

  1. 1 ['Whether GRD was entitled under clause 17.3 of the sub-contract to recover costs, expenses and damages incurred in completing obligations Total failed to perform.' 'Whether GRD was entitled under clause 13.4 of the sub-contract to liquidated damages for delay from 29 November 2006 to 3 July 2007.' 'What net amount was payable after deducting the amount GRD accepted remained due to Total under the sub-contract.']

Ratio Decidendi

Total failed to complete the sub-contract works by the revised completion date. GRD's affidavit evidence and reconciliation accurately established completion and rectification costs recoverable under clause 17.3, and GRD was also entitled to liquidated damages under clause 13.4 from 29 November 2006 to 3 July 2007. After deducting the amount GRD accepted remained due to Total, the net amount payable by Total to GRD was $1,366,977.72.

Court Disposition

Judgment entered for GRD Building Pty Ltd on its cross-claim against Total Development Supplies Pty Ltd in the sum of $1,366,977.72, with costs.

Orders

  • ['Judgment is entered for GRD Building Pty Ltd, the cross-claimant, against Total Development Supplies Pty Ltd, the cross-respondent in the sum of $1,366,977.72.' "The cross-respondent pay the cross-applicant's costs of these proceedings."]