Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146

Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146

The Builder was not contractually entitled to progress payment 7 nor to suspend works for 47 days, and thus liquidated damages payable to the Owner were increased by $47.00; otherwise, no material error of law or grounds for leave were established and Tribunal decisions largely affirmed.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Appeal / Final Judgment by Appeal Panel
Outcome
Owner’s appeal upheld only for the limited purpose of increasing liquidated damages; Builder’s appeal dismissed.
Legal Topics
['liquidated Damages' 'progress Payment Entitlement' 'slip Rule' 'costs' 'extension of Time' 'implied Licence for Copyright' 'estoppel']
['home Building' 'contract Law' 'administrative Law'] ['liquidated Damages' 'progress Payment Entitlement' 'slip Rule' 'costs' 'extension of Time' 'implied Licence for Copyright' 'estoppel']

Case Brief

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Procedural Posture

Appeal / Final Judgment by Appeal Panel

Legal Issues

  1. 1 ['Whether the tribunal erred in calculation of amounts payable under the building contract' 'Builder’s entitlement to progress payments despite lack of contractual provision' 'Whether Owner was entitled to liquidated damages for delay' 'Application of slip rule to adjust clerical errors' 'Entitlement to costs of appeal' 'Builder’s entitlement to suspend works under contract' 'Implied licence to use copyright building plans']

Ratio Decidendi

The Builder was not contractually entitled to progress payment 7 nor to suspend works for 47 days, and thus liquidated damages payable to the Owner were increased by $47.00; otherwise, no material error of law or grounds for leave were established and Tribunal decisions largely affirmed.

Court Disposition

Owner’s appeal upheld only for the limited purpose of increasing liquidated damages; Builder’s appeal dismissed.

Orders

  • ['The appeal in AP 15/49779 is upheld for the limited purpose of reducing the amount payable by the appellant by $47.00.' 'Order 2 made on 12 August 2015 in HB 12/37224 is set aside and replaced with order that the appellant pay the respondent the sum of $76,495.87 within 60 days.' "The appellant is to pay 80% of...