Bonnici v Signature Plumbing and Excavating Pty Ltd [2021] NSWCATAP 133

Bonnici v Signature Plumbing and Excavating Pty Ltd [2021] NSWCATAP 133

The appeal failed because the appellant did not prove that the relevant work was requested or done after the Subcontract termination date, accrued rights to payment survived termination, the purported takeover by MCN did not release the appellant from liability absent Signature's agreement to assignment or novation, there was no evidence proving incapacity or procedural unfairness, and the defective work cross-claim could not be raised for the first time on appeal.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Appeal From Orders of the Civil and Administrative Tribunal, Consumer and Commercial Division, Concerning Payment for Subcontract Plumbing Work / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['subcontract Payment Claim' 'assignment' 'novation' 'termination of Contract' 'accrued Rights Surviving Termination' 'onus of Proof' 'procedural Fairness' 'cross Claim on Appeal']
['building and Construction' 'contract Law' 'civil Procedure'] ['subcontract Payment Claim' 'assignment' 'novation' 'termination of Contract' 'accrued Rights Surviving Termination' 'onus of Proof' 'procedural Fairness' 'cross Claim on Appeal']

Case Brief

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Procedural Posture

Appeal From Orders of the Civil and Administrative Tribunal, Consumer and Commercial Division, Concerning Payment for Subcontract Plumbing Work / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether automatic termination of the Subcontract on 9 October 2019 meant the appellant was not liable for invoices dated after that date.' 'Whether the appellant remained liable where MCN took over the job and invoices were addressed to MCN.' "Whether the appellant's non-appearance at the Tribunal hearing due to alleged incapacity established procedural unfairness." 'Whether the appellant could advance a cross-claim for defective work for the first time on appeal.']

Ratio Decidendi

The appeal failed because the appellant did not prove that the relevant work was requested or done after the Subcontract termination date, accrued rights to payment survived termination, the purported takeover by MCN did not release the appellant from liability absent Signature's agreement to assignment or novation, there was no evidence proving incapacity or procedural unfairness, and the defective work cross-claim could not be raised for the first time on appeal.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']