Mac v Antworks Pty Ltd [2016] NSWCATCD 75

Mac v Antworks Pty Ltd [2016] NSWCATCD 75

Applicants were entitled to terminate the contract as at 23 February 2013 due to the builder's failure to proceed with due diligence, unjustified suspension, and failure to achieve practical completion. Damages were awarded for incomplete and defective works and credits, following calculation with margins and GST where warranted. Common law damages for late completion were excluded due to operation of liquidated damages clause. Other claims not legally substantiated or not supported by adequate evidence were dismissed.

Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Building Claim / Post Hearing Principal Judgment
Outcome
Judgment for applicants
Legal Topics
['termination of Building Contract' 'defective and Incomplete Work' 'extensions of Time' 'liquidated Damages']
['building and Construction' 'consumer Law'] ['termination of Building Contract' 'defective and Incomplete Work' 'extensions of Time' 'liquidated Damages']

Case Brief

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Procedural Posture

Building Claim / Post Hearing Principal Judgment

Legal Issues

  1. 1 ['Whether applicants were entitled to terminate the contract' 'Whether builder was entitled to extensions of time' 'Defective and incomplete building work' 'Entitlement to damages for failure to complete works' 'Application of liquidated damages clause']

Ratio Decidendi

Applicants were entitled to terminate the contract as at 23 February 2013 due to the builder's failure to proceed with due diligence, unjustified suspension, and failure to achieve practical completion. Damages were awarded for incomplete and defective works and credits, following calculation with margins and GST where warranted. Common law damages for late completion were excluded due to operation of liquidated damages clause. Other claims not legally substantiated or not supported by adequate evidence were dismissed.

Court Disposition

Judgment for applicants

Orders

  • ['Antworks Pty Ltd must pay Colin Mac and Nina Mac the sum of $108,774.64 immediately.' 'Antworks Pty Ltd must immediately deliver to Colin Mac and Nina Mac certificates in its possession relating to termite works, timber framing and glazing works related to the contract work.' 'The parties are at liberty to make a...