Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd [2022] NSWDC 166

Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd [2022] NSWDC 166

The written agreement between Conditionex and Nationwide constituted a binding contract settling all outstanding claims between them; unilateral alteration by Nationwide's director was ineffective; scheduled payments not made by Nationwide breached the contract; Conditionex entitled to judgment for the sum claimed including interest; cross-claim severed for separate determination by Referee.

Jurisdiction
Australia
Judgment Date
26 May 2022
Procedural Posture
Civil Debt Claim With Cross Claim / Judgment at First Instance; Cross Claim Severed, Main Claim Determined
Outcome
Judgment for plaintiff; cross-claim severed for separate determination by Referee.
Legal Topics
['commercial Contract Construction' 'breach of Contract' 'settlement Agreement' 'procedural Severance' 'referral to Referee']
['mercantile Law' 'contract Law' 'building and Construction Law'] ['commercial Contract Construction' 'breach of Contract' 'settlement Agreement' 'procedural Severance' 'referral to Referee']

Case Brief

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Procedural Posture

Civil Debt Claim With Cross Claim / Judgment at First Instance; Cross Claim Severed, Main Claim Determined

Legal Issues

  1. 1 ["Whether Conditionex is bound by Mr Diab's unilateral alteration of the agreement" 'Whether Nationwide made a disputed cash payment of $23,185' 'Proper construction and effect of the settlement agreement' 'Whether Nationwide breached the agreement' 'Quantum of damages']

Ratio Decidendi

The written agreement between Conditionex and Nationwide constituted a binding contract settling all outstanding claims between them; unilateral alteration by Nationwide's director was ineffective; scheduled payments not made by Nationwide breached the contract; Conditionex entitled to judgment for the sum claimed including interest; cross-claim severed for separate determination by Referee.

Court Disposition

Judgment for plaintiff; cross-claim severed for separate determination by Referee.

Orders

  • ["Plaintiff's claim and defendant's cross-claim to be heard and determined separately pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW)." 'Verdict and judgment in favour of plaintiff in the sum of $119,224.78, including interest to date.' "Defendant to pay plaintiff's costs of primary claim on ordinary...