Subedi v AA Concrete Pty Ltd [2017] NSWCATCD 54

Subedi v AA Concrete Pty Ltd [2017] NSWCATCD 54

AA Concrete Pty Ltd fundamentally breached the contract by failing to complete the works by the required deadline. Due to repudiation, the applicant was entitled to terminate the contract and claim compensation for costs reasonably incurred to complete the works and for consequential losses, including additional rent. The respondent was properly notified and did not appear; orders were made in its absence.

Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Building Claim / Principal Judgment
Outcome
Judgment for applicant
Legal Topics
['breach of Contract' 'damages' 'failure to Complete Works' 'contract Termination']
['contract Law' 'building and Construction' 'consumer Law'] ['breach of Contract' 'damages' 'failure to Complete Works' 'contract Termination']

Case Brief

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Procedural Posture

Building Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether AA Concrete Pty Ltd breached its contractual obligations by failing to complete the works as agreed.' "Whether Mr Subedi was entitled to terminate the contract due to AA Concrete's repudiation or fundamental breach." 'Whether Mr Subedi is entitled to compensation for loss, damage, and additional costs incurred due to breach.']

Ratio Decidendi

AA Concrete Pty Ltd fundamentally breached the contract by failing to complete the works by the required deadline. Due to repudiation, the applicant was entitled to terminate the contract and claim compensation for costs reasonably incurred to complete the works and for consequential losses, including additional rent. The respondent was properly notified and did not appear; orders were made in its absence.

Court Disposition

Judgment for applicant

Orders

  • ['AA Concrete Pty Ltd is to immediately pay Mr Manish Subedi the amount of $8,415.21.']