C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd (No. 4) [2023] NSWDC 483

C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd (No. 4) [2023] NSWDC 483

C&V failed to prove entitlement to claim damages for work performed after 27 July 2018 on the Building C contract, as work done after Metropolitan's direction was not caused by breach, and C&V deliberately continued despite knowing work was not requested. The chain of causation was broken; C&V's continued work was a free and informed act outside the scope of recoverable damages.

Parties
Plaintiff: C&V Engineering Services Pty Ltd; Defendant: Metropolitan Demolitions Pty Limited
Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Civil / Assessment of Damages on Remitter After Appeal
Outcome
Judgment for the plaintiff in a reduced sum; damages assessed only to 27 July 2018; interest and costs orders as qualified in the reasons.
Legal Topics
Assessment of Damages, Breach of Contract, Repudiation, Mitigation of Loss, Causation
Contract Law Civil Procedure Assessment of Damages Breach of Contract Repudiation Mitigation of Loss Causation

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Parties

C&V Engineering Services Pty Ltd

Plaintiff

Metropolitan Demolitions Pty Limited

Defendant

Procedural Posture

Civil / Assessment of Damages on Remitter After Appeal

Legal Issues

  1. 1 Is C&V entitled to damages in respect to works done under the Building C contract after 27 July 2018?
  2. 2 What is the quantum of loss for breach of the contract?
  3. 3 What are the appropriate final orders?

Ratio Decidendi

C&V failed to prove entitlement to claim damages for work performed after 27 July 2018 on the Building C contract, as work done after Metropolitan's direction was not caused by breach, and C&V deliberately continued despite knowing work was not requested. The chain of causation was broken; C&V's continued work was a free and informed act outside the scope of recoverable damages.

Court Disposition

Judgment for the plaintiff in a reduced sum; damages assessed only to 27 July 2018; interest and costs orders as qualified in the reasons.

Orders

  • Referee's report of 28 September 2023 adopted as necessary.
  • Judgment for the plaintiff on the Building C contract for $45,713.12.