Flora trading as Flora Constructions v Budget Demolition & Excavation Pty Ltd [2008] NSWSC 888

Flora trading as Flora Constructions v Budget Demolition & Excavation Pty Ltd [2008] NSWSC 888

Earlier findings established that a written building contract subsisted between the Association and D S Flora and that D S Flora was entitled to cease work for non-payment. D S Flora's recovery was therefore contractual rather than quantum meruit. On the accepted calculation, the unpaid contract amount was $222,113 less $75,000 already paid, and unchallenged post-cessation expenses and cheque dishonour fees were also allowed, producing damages of $187,843.60 before interest. Budget's claim against D S Flora was undisputed and accepted at $48,123 plus interest, with short minutes required for precise interest calculations.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Contract Breach of Contract Assessment of Damages / Principal Judgment; Short Minutes to Be Brought in
Outcome
Short minutes to be brought in; judgment to be given for D S Flora against the Association on the cross-claim, the cross-claim against the other cross-defendants to be dismissed, and Budget's undisputed claim against D S Flora to be quantified with interest.
Legal Topics
['breach of Contract' 'assessment of Damages' 'building Contract' 'quantum Meruit' 'contractual Interest' 'cross Claim']
['contract Law'] ['breach of Contract' 'assessment of Damages' 'building Contract' 'quantum Meruit' 'contractual Interest' 'cross Claim']

Case Brief

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Procedural Posture

Contract Breach of Contract Assessment of Damages / Principal Judgment; Short Minutes to Be Brought in

Legal Issues

  1. 1 ["Whether D S Flora's recovery against the Association should be assessed under the building contract or by reference to quantum meruit value." 'The quantum of the unpaid amount due to D S Flora under the building contract, including post-cessation expenses and interest.' "Whether D S Flora's cross-claim should be dismissed against cross-defendants other than the Association." "The quantum of Budget's undisputed claim against D S Flora."]

Ratio Decidendi

Earlier findings established that a written building contract subsisted between the Association and D S Flora and that D S Flora was entitled to cease work for non-payment. D S Flora's recovery was therefore contractual rather than quantum meruit. On the accepted calculation, the unpaid contract amount was $222,113 less $75,000 already paid, and unchallenged post-cessation expenses and cheque dishonour fees were also allowed, producing damages of $187,843.60 before interest. Budget's claim against D S Flora was undisputed and accepted at $48,123 plus interest, with short minutes required for precise interest calculations.

Court Disposition

Short minutes to be brought in; judgment to be given for D S Flora against the Association on the cross-claim, the cross-claim against the other cross-defendants to be dismissed, and Budget's undisputed claim against D S Flora to be quantified with interest.

Orders

  • ['Short minutes to be brought in.' 'Short minutes of orders giving effect to the findings on liability and quantum were to be delivered to the Associate immediately after 22 September 2008, with interest calculations first agreed by the parties.' 'Costs were to be separately addressed.']