Ganghui Pty Ltd v YTO Construction Pty Ltd (No 2) [2023] NSWSC 944

Ganghui Pty Ltd v YTO Construction Pty Ltd (No 2) [2023] NSWSC 944

Judgment for the plaintiff in the sum of $2,748,842.66 and interest was entered because the claims for quantum meruit under the Further Arrangement were not properly pleaded, and all statutory entitlements under the Building and Construction Industry Security of Payment Act 1999 had been determined by the Court in the principal judgment.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Equity Technology and Construction List / Consequential Orders Following Principal Judgment
Outcome
Judgment for the plaintiff; cross-claims dismissed; orders for interest and costs
Legal Topics
['judgments and Orders' 'building Disputes' 'security of Payment']
['construction Law' 'equity'] ['judgments and Orders' 'building Disputes' 'security of Payment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Technology and Construction List / Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether quantum meruit was pleaded for the Further Arrangement' 'Entitlement to interest on the judgment amount under the Handwritten Agreement' 'Effect of Building and Construction Industry Security of Payment Act 1999 on payment claims']

Ratio Decidendi

Judgment for the plaintiff in the sum of $2,748,842.66 and interest was entered because the claims for quantum meruit under the Further Arrangement were not properly pleaded, and all statutory entitlements under the Building and Construction Industry Security of Payment Act 1999 had been determined by the Court in the principal judgment.

Court Disposition

Judgment for the plaintiff; cross-claims dismissed; orders for interest and costs

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $2,748,842.66' 'Interest on the judgment amount calculated from 22 March 2019 to 11 August 2023 in the sum of $596,446.23' "The defendant to pay the plaintiff's costs of the proceedings" 'Otherwise dismiss the Summons and amended Cross-Summons']