FALGAT CONSTRUCTIONS PTY LTD v LIGHTNING READY MIXED CONCRETE PTY LTD [1994] NSWCA 94

FALGAT CONSTRUCTIONS PTY LTD v LIGHTNING READY MIXED CONCRETE PTY LTD [1994] NSWCA 94

The appellant failed to establish that the concrete was contaminated when delivered by the respondent. The referee's conclusion that excess water was added at the pump on site, and not by the respondent, was open to him on the evidence and did not involve unfairness or procedural error. Thus, there was no breach of contract by the respondent.

Parties
Appellant: Falgat Constructions Pty Ltd; Respondent: Lightning Ready Mixed Concrete Pty Ltd
Jurisdiction
Australia
Judgment Date
25 November 1994
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Procedural Fairness, Referee's Report, Breach of Contract, Construction Dispute
Administrative Law Contract Law Procedural Fairness Referee's Report Breach of Contract Construction Dispute

Case Brief

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Parties

Falgat Constructions Pty Ltd

Appellant

Lightning Ready Mixed Concrete Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the referee's report was adopted in accordance with procedural fairness
  2. 2 Whether the referee had evidence to find that water was added at the pump
  3. 3 Whether the appellant established that the respondent breached the contract by delivering contaminated concrete

Ratio Decidendi

The appellant failed to establish that the concrete was contaminated when delivered by the respondent. The referee's conclusion that excess water was added at the pump on site, and not by the respondent, was open to him on the evidence and did not involve unfairness or procedural error. Thus, there was no breach of contract by the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.