Neville’s Bus Service Pty Ltd v Total Group Constructions Pty Ltd [2024] NSWSC 215

Neville’s Bus Service Pty Ltd v Total Group Constructions Pty Ltd [2024] NSWSC 215

TGC breached its contractual obligations by constructing deficient concrete paving and drainage works not in accordance with the contract's specifications and standards. The reasonable course is full rectification of the affected pavement (except areas shaded red in Annexure A), with damages measured by the reinstatement cost, not reduced by the settlement sum received from MSL as it related to a different loss.

Parties
Plaintiff: Neville's Bus Service Pty Ltd; First Defendant: Total Group Constructions Pty Ltd; Second Defendant: Jay Roberto Squillacioti; Third Defendant: Ronisch Pty Ltd; Fourth Defendant: Lisa May Squillacioti; Fifth Defendant: MSL Consulting Pty Ltd
Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Principal Judgment / Technology and Construction List Judgment
Outcome
Liability established for rectification damages; quantum to be finalised in orders after further submissions.
Legal Topics
Contractual Damages, Defective Works, Rectification, Expert Evidence, Stormwater Drainage, Measure of Damages, Settlement Deduction
Building and Construction Contracts Equity Technology and Construction Contractual Damages Defective Works Rectification Expert Evidence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Neville's Bus Service Pty Ltd

Plaintiff

Total Group Constructions Pty Ltd

First Defendant

Jay Roberto Squillacioti

Second Defendant

Ronisch Pty Ltd

Third Defendant

Lisa May Squillacioti

Fourth Defendant

MSL Consulting Pty Ltd

Fifth Defendant

Procedural Posture

Principal Judgment / Technology and Construction List Judgment

Legal Issues

  1. 1 Was the concrete slab constructed in accordance with specifications and contractual requirements?
  2. 2 What is the extent of defective works and required rectification?
  3. 3 How should damages be measured for defective building work?

Ratio Decidendi

TGC breached its contractual obligations by constructing deficient concrete paving and drainage works not in accordance with the contract's specifications and standards. The reasonable course is full rectification of the affected pavement (except areas shaded red in Annexure A), with damages measured by the reinstatement cost, not reduced by the settlement sum received from MSL as it related to a different loss.

Court Disposition

Liability established for rectification damages; quantum to be finalised in orders after further submissions.

Orders

  • By 22 March 2024, parties to provide short minutes of order (including provision for costs if agreed).
  • If terms cannot be agreed, by 28 March 2024, each party to serve forms of orders sought and written submissions (maximum 3 pages).