Barber v Oracle (NSW) Pty Ltd [2019] NSWSC 1370

Barber v Oracle (NSW) Pty Ltd [2019] NSWSC 1370

The uncontested evidence established that the defendant breached cl 28 of the building contract, including by suspending work, and failed to remedy the breaches after default notices were served. The plaintiffs were therefore entitled to terminate and recover the additional reasonable costs required to obtain the dwelling the defendant had contracted to build, including completion costs, rectification costs, amounts effectively overpaid, and reasonable accommodation costs caused by delayed completion.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Damages Claim for Breach of Building Contract / Final Hearing; Ex Tempore Principal Judgment
Outcome
Judgment for the plaintiffs.
Legal Topics
['breach of Contract' 'termination by Owner' 'defective Building Work' 'damages' 'costs to Complete Works' 'accommodation Costs']
['contracts' 'building and Construction'] ['breach of Contract' 'termination by Owner' 'defective Building Work' 'damages' 'costs to Complete Works' 'accommodation Costs']

Case Brief

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Procedural Posture

Damages Claim for Breach of Building Contract / Final Hearing; Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs were entitled to terminate the building contract under cl 28 after the defendant suspended work and failed to remedy defaults.' 'Whether the plaintiffs were entitled to recover amounts overpaid, costs to complete the works, costs to rectify defective work, and accommodation costs.' 'What amount of damages should be awarded.']

Ratio Decidendi

The uncontested evidence established that the defendant breached cl 28 of the building contract, including by suspending work, and failed to remedy the breaches after default notices were served. The plaintiffs were therefore entitled to terminate and recover the additional reasonable costs required to obtain the dwelling the defendant had contracted to build, including completion costs, rectification costs, amounts effectively overpaid, and reasonable accommodation costs caused by delayed completion.

Court Disposition

Judgment for the plaintiffs.

Orders

  • ['Judgment for the plaintiffs in the sum of $2,185,099.80.' "The defendant pay the plaintiffs' costs of the proceedings."]