C&V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2023] NSWCA 167

C&V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2023] NSWCA 167

A contract was concluded on 5 July 2018 between C&V and Metropolitan for the procurement and fabrication of the soldiers for Building C, and this contract was not conditional on any further direction from Metropolitan; the amount and price were to be agreed as drawings and further details were provided. The order for administration charges for Building B was not supported by the contract, and GST was recoverable as damages for Building B.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Civil Appeal / Decision on Appeal From District Court
Outcome
Appeal allowed in part
Legal Topics
['contract Formation' 'oral and Written Contracts' 'construction of Contracts' 'breach of Contract' 'damages' 'administration Charges' 'gst as Damages' 'direction to Fabricate' 'quantum of Damages']
['contract Law'] ['contract Formation' 'oral and Written Contracts' 'construction of Contracts' 'breach of Contract' 'damages' 'administration Charges' 'gst as Damages' 'direction to Fabricate' 'quantum of Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal / Decision on Appeal From District Court

Legal Issues

  1. 1 ['Whether a contract was formed on 5 July 2018 for procurement and fabrication of steel soldiers for Building C' 'Whether the contract for Building C was conditional upon a further direction to fabricate' 'Whether the appellant was entitled to administration charges for Building B' 'Whether GST component for a supply on a tax invoice is recoverable as damages']

Ratio Decidendi

A contract was concluded on 5 July 2018 between C&V and Metropolitan for the procurement and fabrication of the soldiers for Building C, and this contract was not conditional on any further direction from Metropolitan; the amount and price were to be agreed as drawings and further details were provided. The order for administration charges for Building B was not supported by the contract, and GST was recoverable as damages for Building B.

Court Disposition

Appeal allowed in part

Orders

  • ['Allow the appeal in part' 'Set aside the orders made on 21 September 2022' 'Declare that on 5 July 2018 the appellant and respondent made a contract for the appellant to procure and fabricate soldiers for Building C and that contract was not conditional upon any further direction to fabricate being made by the...