Eddy Lau Constructions Pty Limited v Transdevelopment Enterprise Pty Limited & Anor [2001] NSWSC 1136

Eddy Lau Constructions Pty Limited v Transdevelopment Enterprise Pty Limited & Anor [2001] NSWSC 1136

Sections 92 and 94 of the Home Building Act 1989 (NSW) preclude the plaintiff from recovering damages or other remedies or money in respect of breach of contract or work done under the contract, because the contract executed was a 'contract to do residential building work' and required compliant insurance at the time of contracting. The presence of contingencies or conditions in the contract does not exclude it from the operation of section 92(1).

Parties
Plaintiff: Eddy Lau Constructions Pty Limited; First Defendant: Transdevelopment Enterprise Pty Limited; Second Defendant: John Beresford Dorter and the 76 Partners of Allen Allen & Hemsley
Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Civil / Determination of Preliminary Questions of Law
Outcome
Plaintiff barred from recovery by operation of sections 92 and 94. Plaintiff ordered to pay first defendant’s costs in relation to the hearing of the preliminary legal questions. Proceedings stood over for further directions.
Legal Topics
Breach of Contract, Statutory Interpretation, Home Building Insurance, Conditions Precedent and Subsequent
Contract Law Construction Law Breach of Contract Statutory Interpretation Home Building Insurance Conditions Precedent and Subsequent

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Parties

Eddy Lau Constructions Pty Limited

Plaintiff

Transdevelopment Enterprise Pty Limited

First Defendant

John Beresford Dorter and the 76 Partners of Allen Allen & Hemsley

Second Defendant

Procedural Posture

Civil / Determination of Preliminary Questions of Law

Legal Issues

  1. 1 Whether sections 92 and 94 of the Home Building Act 1989 (NSW) preclude the plaintiff from relief
  2. 2 Whether the subject contract was a contract 'to do any residential building work' within section 92(1)
  3. 3 Whether any contingency or condition affected the operation of section 92(1)

Ratio Decidendi

Sections 92 and 94 of the Home Building Act 1989 (NSW) preclude the plaintiff from recovering damages or other remedies or money in respect of breach of contract or work done under the contract, because the contract executed was a 'contract to do residential building work' and required compliant insurance at the time of contracting. The presence of contingencies or conditions in the contract does not exclude it from the operation of section 92(1).

Court Disposition

Plaintiff barred from recovery by operation of sections 92 and 94. Plaintiff ordered to pay first defendant’s costs in relation to the hearing of the preliminary legal questions. Proceedings stood over for further directions.

Orders

  • Plaintiff to pay the first defendant's costs of and occasioned in relation to the hearing of the questions of law.
  • Proceedings stood over for further directions to 1 February 2002.