Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 31

Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 31

Neither party established their claim for contractual damages. Mr Sabouni was not entitled to the second progress payment as the claim did not comply with the contract's timing and included uncompleted works. RBD failed to prove its damages claim as there was insufficient evidence to link costs incurred to breach or repudiation by Mr Sabouni and to identify quantum recoverable.

Jurisdiction
Australia
Judgment Date
02 February 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Plaintiff's claim and Defendant's Cross-Claim dismissed
Legal Topics
['construction Contract' 'progress Claims' 'termination' 'damages' 'repudiation']
['contracts' 'construction Law'] ['construction Contract' 'progress Claims' 'termination' 'damages' 'repudiation']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Whether Plaintiff was entitled to the amount of the second progress claim made prior to Defendant's termination of contract" 'Whether Defendant was entitled to recover additional costs of construction works incurred after termination of construction contract with Plaintiff']

Ratio Decidendi

Neither party established their claim for contractual damages. Mr Sabouni was not entitled to the second progress payment as the claim did not comply with the contract's timing and included uncompleted works. RBD failed to prove its damages claim as there was insufficient evidence to link costs incurred to breach or repudiation by Mr Sabouni and to identify quantum recoverable.

Court Disposition

Plaintiff's claim and Defendant's Cross-Claim dismissed

Orders

  • ["Plaintiff's claim dismissed" "Defendant's Cross-claim dismissed" 'Parties to file agreed short minutes or draft orders and submissions as to costs within 14 days']