J S Heap Constructions Pty Ltd [2008] NSWDC 113

J S Heap Constructions Pty Ltd [2008] NSWDC 113

The claim based on clause 3.6C(iii) was statute barred because the last lot settled on 8 February 1999 and proceedings commenced on 15 November 2006, more than six years after any money was due on sale of the last lot. The claim based on clause 3.7 was not statute barred because final determination of profit or loss could not have occurred before invoices for Sydney Water and CLM Excavations were delivered on 5 April 2001, but the plaintiff failed to prove breach or that any amount was owed, particularly because it had not kept or provided proper records and no final profit and loss accounts were prepared.

Jurisdiction
Australia
Judgment Date
26 June 2008
Procedural Posture
Civil Claim Under a Joint Venture Agreement / Judgment After Hearing
Outcome
Plaintiff's case failed; verdict and judgment for the defendants.
Legal Topics
['joint Venture Agreement' 'contractual Profit Sharing' 'statute Barred Claim' 'limitation Period' 'proof of Breach' 'accounting Records']
['contract Law' 'limitation of Actions'] ['joint Venture Agreement' 'contractual Profit Sharing' 'statute Barred Claim' 'limitation Period' 'proof of Breach' 'accounting Records']

Case Brief

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Procedural Posture

Civil Claim Under a Joint Venture Agreement / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's claim for a share of proceeds from sale of lots under clause 3.6C(iii) of the Joint Venture Agreement was statute barred." "Whether the plaintiff's claim for failure to share profit or loss under clause 3.7 of the Joint Venture Agreement was statute barred." 'Whether the plaintiff proved that the defendants were in breach of clause 3.7 or owed the claimed amounts.']

Ratio Decidendi

The claim based on clause 3.6C(iii) was statute barred because the last lot settled on 8 February 1999 and proceedings commenced on 15 November 2006, more than six years after any money was due on sale of the last lot. The claim based on clause 3.7 was not statute barred because final determination of profit or loss could not have occurred before invoices for Sydney Water and CLM Excavations were delivered on 5 April 2001, but the plaintiff failed to prove breach or that any amount was owed, particularly because it had not kept or provided proper records and no final profit and loss accounts were prepared.

Court Disposition

Plaintiff's case failed; verdict and judgment for the defendants.

Orders

  • ['Verdict and judgment for the defendants.' 'Direct the exhibits be returned.']