Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 2) [2022] NSWDC 320

Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 2) [2022] NSWDC 320

The cross-claim involves complex technical questions regarding defective building works best determined by a referee; orders are made pursuant to UCPR Division 3 of Pt 20 to refer these issues with procedural directions.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Civil / Procedural Orders Regarding Cross Claim Referred to Referee
Outcome
Orders for the appointment of referee and reference of cross-claim issues; directions made for procedure and future case management; costs reserved.
Legal Topics
['appointment of Referee' 'building Disputes' 'cross Claim Management' 'ucpr R 20.14' 'scott Schedule']
['civil Procedure'] ['appointment of Referee' 'building Disputes' 'cross Claim Management' 'ucpr R 20.14' 'scott Schedule']

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Procedural Posture

Civil / Procedural Orders Regarding Cross Claim Referred to Referee

Legal Issues

  1. 1 ['Whether plaintiff was obliged to undertake or rectify works under subcontracts' 'Whether work performed by plaintiff was defective, incomplete, or in breach' 'Whether plaintiff failed to rectify works as required by various standards and statutory warranties' 'Whether defects were communicated to plaintiff and whether rectified' 'Effect of defects liability or statutory limitation periods' 'Whether defendant failed to communicate defects prior to engaging third party and acted unreasonably' 'Whether defendant suffered loss as a result of plaintiff’s breach' 'Quantum of damages for rectification, if any']

Ratio Decidendi

The cross-claim involves complex technical questions regarding defective building works best determined by a referee; orders are made pursuant to UCPR Division 3 of Pt 20 to refer these issues with procedural directions.

Court Disposition

Orders for the appointment of referee and reference of cross-claim issues; directions made for procedure and future case management; costs reserved.

Orders

  • ['Matters set out in the schedule referred to Mr Tim Sullivan as referee under UCPR r 20.14 for inquiry and report.' "Parties jointly and severally liable for referee's fees." 'Parties to deliver a copy of the order and relevant UCPR provisions to the referee.' 'UCPR r 20.20 applies to conduct of reference, subject...