Peninsula Balmain Pty. Limited v. Abigroup Contractors Pty. Limited [2002] NSWCA 270

Peninsula Balmain Pty. Limited v. Abigroup Contractors Pty. Limited [2002] NSWCA 270

Clause 40.5 of the contract, requiring reasonable rates or prices for valuation of variations including delay costs, is inconsistent with and therefore prevails over the quantification of delay costs in the Tender by virtue of the formal instrument of agreement; thus, Order 3(b) was deleted, and no change was made...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 August 2002
Procedural Posture
Contract Appeal / Supplementary Judgment on Orders
Outcome
Order 3(b) made on 3 July 2002 deleted. No change to costs order (Order 5).
Legal Topics
['contract Interpretation' 'order for Costs' 'precedence of Contract Documents' 'delay Costs Quantification']
['contracts' 'building and Construction Law'] ['contract Interpretation' 'order for Costs' 'precedence of Contract Documents' 'delay Costs Quantification']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Contract Appeal / Supplementary Judgment on Orders

Legal Issues

  1. 1 ['Whether General Conditions prevail over Tender terms regarding delay costs' 'Whether clause 40.5 of the contract displaces quantification in the Tender' 'Whether Peninsula should be deprived of any costs over unsuccessful issues']

Ratio Decidendi

Clause 40.5 of the contract, requiring reasonable rates or prices for valuation of variations including delay costs, is inconsistent with and therefore prevails over the quantification of delay costs in the Tender by virtue of the formal instrument of agreement; thus, Order 3(b) was deleted, and no change was made to Order 5 (costs).

Court Disposition

Order 3(b) made on 3 July 2002 deleted. No change to costs order (Order 5).

Orders

  • ['Order 3(b) made on 3 July 2002 deleted.']