TURNER CORPORATION LTD v CO-ORDINATED INDUSTRIES PTY LTD [1995] NSWCA 476

TURNER CORPORATION LTD v CO-ORDINATED INDUSTRIES PTY LTD [1995] NSWCA 476

The notice given by the principal under CL44.1 was valid as the contract completion date was capable of extension and thus, it was permissible for the principal to form an opinion on non-completion by the latest extended date, even after that date had passed. The order for the contractor to pay all costs was not a miscarriage of the trial judge's discretion because the principal was substantially successful overall.

Parties
Appellant/contractor: Turner Corporation Ltd; Respondent/principal: Co-ordinated Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
24 July 1995
Procedural Posture
Appeal / Judgment on Appeal From Trial Judge in Supreme Court of Nsw, Consideration of Contract Construction and Costs Orders
Outcome
Appeal dismissed with costs.
Legal Topics
Extension of Time Clauses, Repudiation of Contract, Costs in Litigation
Contract Law Extension of Time Clauses Repudiation of Contract Costs in Litigation

Case Brief

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Parties

Turner Corporation Ltd

Appellant/contractor

Co-ordinated Industries Pty Ltd

Respondent/principal

Procedural Posture

Appeal / Judgment on Appeal From Trial Judge in Supreme Court of Nsw, Consideration of Contract Construction and Costs Orders

Legal Issues

  1. 1 Whether the principal validly exercised its contractual power under CL44.1 to take over works after forming an opinion on the likelihood of completion within the extension period.
  2. 2 Whether the costs order by the trial judge, requiring the contractor to pay both sets of costs, was erroneous.

Ratio Decidendi

The notice given by the principal under CL44.1 was valid as the contract completion date was capable of extension and thus, it was permissible for the principal to form an opinion on non-completion by the latest extended date, even after that date had passed. The order for the contractor to pay all costs was not a miscarriage of the trial judge's discretion because the principal was substantially successful overall.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.