INFINITY CONSTRUCTIONS GROUP PTY LIMITED v BLISS HIRE PTY LIMITED [2022] NSWDC 25

INFINITY CONSTRUCTIONS GROUP PTY LIMITED v BLISS HIRE PTY LIMITED [2022] NSWDC 25

Plaintiff entitled to damages for rectification works as established by expert evidence and supported by affidavit, less accommodation costs not sufficiently substantiated; hearing properly conducted ex parte due to defendant's absence.

Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Civil / Ex Parte Hearing, Post Liability Judgment
Outcome
Judgment for plaintiff, award of damages and costs
Legal Topics
['costs Assessment' 'ex Parte Hearings' 'contract Damages']
['civil Procedure' 'contract'] ['costs Assessment' 'ex Parte Hearings' 'contract Damages']

Case Brief

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Procedural Posture

Civil / Ex Parte Hearing, Post Liability Judgment

Legal Issues

  1. 1 ["Whether the plaintiff is entitled to damages for subcontractor's rectification works" 'Assessment of damages excluding accommodation costs']

Ratio Decidendi

Plaintiff entitled to damages for rectification works as established by expert evidence and supported by affidavit, less accommodation costs not sufficiently substantiated; hearing properly conducted ex parte due to defendant's absence.

Court Disposition

Judgment for plaintiff, award of damages and costs

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $750,000.' "The defendant pay the plaintiff's costs." 'Return to the plaintiff Exhibit TO-1 to the affidavit of Mr Theofilos Orfanos dated 7 December 2021.']