ACN 057 690 034 Pty Ltd v Mick Wykrota [2019] NSWSC 197

ACN 057 690 034 Pty Ltd v Mick Wykrota [2019] NSWSC 197

Mr Wykrota breached the building contract by failing to deliver the occupation certificate required under the contract and Environmental Planning and Assessment Act 1979 (NSW), s 6.9, causing the plaintiff loss. Judgment entered for the sum established by plaintiff’s evidence, less disallowed items.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Principal Judgment / Judgment After Hearing—no Appearance by Defendant
Outcome
Judgment for the plaintiff against Mr Wykrota for $244,896.85; costs to plaintiff; proceedings dismissed against second and third defendants.
Legal Topics
['breach of Building Contract' 'failure to Provide Occupancy Certificates' 'quantum of Loss']
['equity' 'contract'] ['breach of Building Contract' 'failure to Provide Occupancy Certificates' 'quantum of Loss']

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

Principal Judgment / Judgment After Hearing—no Appearance by Defendant

Legal Issues

  1. 1 ['Whether Mr Wykrota breached the building contract by failing to provide occupancy certificates' 'Whether plaintiff suffered loss as a result of breach' 'Quantum of damages to be awarded']

Ratio Decidendi

Mr Wykrota breached the building contract by failing to deliver the occupation certificate required under the contract and Environmental Planning and Assessment Act 1979 (NSW), s 6.9, causing the plaintiff loss. Judgment entered for the sum established by plaintiff’s evidence, less disallowed items.

Court Disposition

Judgment for the plaintiff against Mr Wykrota for $244,896.85; costs to plaintiff; proceedings dismissed against second and third defendants.

Orders

  • ['Judgment entered for ACN 057 690 034 Pty Ltd against Mick Wykrota for $244,896.85.' "Mick Wykrota to pay plaintiff's costs." 'Proceedings dismissed as against Arrowfab Pty Limited and Arrowcon Construction Pty Limited.']