C & E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd [2020] NSWCA 348

C & E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd [2020] NSWCA 348

The builder was not entitled to recover damages for rectification because it did not own the property, had no liability to the proprietors for rectification, and there was no prospect of rectification being undertaken. As the sum in issue was less than $100,000, leave to appeal was required and, as the appeal had no reasonable prospects of success, both the Notice of Appeal and application for leave were dismissed.

Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal
Outcome
Notice of Appeal dismissed as incompetent; application for leave to appeal dismissed; costs ordered against applicant.
Legal Topics
['leave to Appeal' 'damages for Breach of Contract' 'threshold for Appeal Under Supreme Court Act 1970 (nsw)']
['appeals' 'contracts'] ['leave to Appeal' 'damages for Breach of Contract' 'threshold for Appeal Under Supreme Court Act 1970 (nsw)']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant builder proved that it suffered loss by reason of the respondent's breach of contract" 'Whether leave to appeal is required due to monetary threshold under s 101(2)(r) Supreme Court Act 1970 (NSW)' 'Whether Adamson J erred in applying principles from Jones v Stroud District Council and Alucraft Pty Ltd (in liq) v Grocon Ltd (No 2)']

Ratio Decidendi

The builder was not entitled to recover damages for rectification because it did not own the property, had no liability to the proprietors for rectification, and there was no prospect of rectification being undertaken. As the sum in issue was less than $100,000, leave to appeal was required and, as the appeal had no reasonable prospects of success, both the Notice of Appeal and application for leave were dismissed.

Court Disposition

Notice of Appeal dismissed as incompetent; application for leave to appeal dismissed; costs ordered against applicant.

Orders

  • ['Dismiss the Notice of Appeal on the ground that it is incompetent.' 'Dismiss the application for leave to appeal.' "Order the applicant to pay the respondent's costs of the application for leave to appeal and the appeal."]