Andrix Homes & Constructions Pty Ltd v Mac & Anor [2021] NSWDC 53

Andrix Homes & Constructions Pty Ltd v Mac & Anor [2021] NSWDC 53

Against the background that the parties wished to terminate the building contract and resolve payment and responsibility for existing and future work, the termination agreement was capable of a clear meaning: no more money was to be paid to the builder, the builder was not responsible for new works commenced after termination, and it remained responsible for work it had already completed being satisfactory and meeting the Building Code. Any later dispute about whether particular works fell within that obligation was a factual issue and did not make the agreement uncertain. The termination agreement was binding and enforceable.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Civil Building and Construction Contract Proceedings / Determination of a Separate Question Pursuant to Pt 28 of the Uniform Civil Procedure Rules
Outcome
The separate question was answered Yes; the settlement agreement and deed of release was binding upon the parties.
Legal Topics
['home Building Contract' 'termination Agreement' 'deed of Release' 'contractual Certainty' 'separate Question']
['building and Construction' 'contract Law' 'civil Procedure'] ['home Building Contract' 'termination Agreement' 'deed of Release' 'contractual Certainty' 'separate Question']

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Procedural Posture

Civil Building and Construction Contract Proceedings / Determination of a Separate Question Pursuant to Pt 28 of the Uniform Civil Procedure Rules

Legal Issues

  1. 1 ['Whether the settlement agreement and deed of release was binding upon the parties.' 'Whether the termination agreement was void for uncertainty.' 'Whether the plaintiff remained responsible for completed work being of a satisfactory level that meets the Building Code.']

Ratio Decidendi

Against the background that the parties wished to terminate the building contract and resolve payment and responsibility for existing and future work, the termination agreement was capable of a clear meaning: no more money was to be paid to the builder, the builder was not responsible for new works commenced after termination, and it remained responsible for work it had already completed being satisfactory and meeting the Building Code. Any later dispute about whether particular works fell within that obligation was a factual issue and did not make the agreement uncertain. The termination agreement was binding and enforceable.

Court Disposition

The separate question was answered Yes; the settlement agreement and deed of release was binding upon the parties.

Orders

  • ['The question stated to be determined pursuant to Pt 28 of the Uniform Civil Procedure Rules: "Whether the settlement agreement and deed of release attached to these orders marked "A" is binding upon the Parties" be answered as follows: "Yes."' 'The statement of claim and cross-claim are to be listed for further...