Trusted Building Group Pty Ltd v Everitt [2024] NSWSC 1259

Trusted Building Group Pty Ltd v Everitt [2024] NSWSC 1259

The builder failed to prosecute its claim, failed to serve evidence, and failed to appear; accordingly, the plaintiff's claim is struck out. The owners are entitled to judgment on their cross-claim with damages to be assessed.

Parties
Plaintiff/cross Defendant: Trusted Building Group Pty Ltd; First Defendant/cross Claimant: Raymond Earnest Everitt; Second Defendant/cross Claimant: Christine Joy Everitt
Jurisdiction
Australia
Judgment Date
03 October 2024
Procedural Posture
Equity Technology and Construction List / Judgment After Summary Disposal/strike Out Application
Outcome
Plaintiff's claim struck out; judgment for cross-claimants; damages to be assessed; costs to cross-claimants
Legal Topics
Contract, Damages, Defective Works, Termination of Contract, Summary Disposal
Building and Construction Civil Procedure Contract Damages Defective Works Termination of Contract Summary Disposal

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Parties

Trusted Building Group Pty Ltd

Plaintiff/cross Defendant

Raymond Earnest Everitt

First Defendant/cross Claimant

Christine Joy Everitt

Second Defendant/cross Claimant

Procedural Posture

Equity Technology and Construction List / Judgment After Summary Disposal/strike Out Application

Legal Issues

  1. 1 Whether the plaintiff builder's claim should be struck out for failure to comply with court orders and failure to appear
  2. 2 Whether judgment should be entered for the owners (cross-claimants) on their cross-claim for damages for defective works

Ratio Decidendi

The builder failed to prosecute its claim, failed to serve evidence, and failed to appear; accordingly, the plaintiff's claim is struck out. The owners are entitled to judgment on their cross-claim with damages to be assessed.

Court Disposition

Plaintiff's claim struck out; judgment for cross-claimants; damages to be assessed; costs to cross-claimants

Orders

  • Plaintiff's (Builder's) claim is struck out.
  • Judgment for the defendants (owners) on the plaintiff's claim.