Tresedar Pty Limited & Ors v Property Builders (Constructions) Pty Limited [2013] NSWSC 1575

Tresedar Pty Limited & Ors v Property Builders (Constructions) Pty Limited [2013] NSWSC 1575

The plaintiff has a reasonable cause of action if its claim for an oral contract succeeds. Issues of fact and law (including estoppel and statutory compliance) are not appropriate for summary determination and require a full trial. The Notice of Motion for summary dismissal is refused.

Jurisdiction
Australia
Judgment Date
18 October 2013
Procedural Posture
Interlocutory Application / Summary Dismissal Application
Outcome
Notice of Motion for summary dismissal dismissed with costs.
Legal Topics
['summary Dismissal' 'breach of Contract' 'misleading or Deceptive Conduct']
['civil Procedure' 'construction Law'] ['summary Dismissal' 'breach of Contract' 'misleading or Deceptive Conduct']

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

Procedural Posture

Interlocutory Application / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the statement of claim discloses no reasonable cause of action warranting summary dismissal under r 13.4 of the Uniform Civil Procedure Rules 2005' 'Whether the oral contract claim is unenforceable under Home Building Act 1989' 'Whether estoppel or previous judgment bars the claims']

Ratio Decidendi

The plaintiff has a reasonable cause of action if its claim for an oral contract succeeds. Issues of fact and law (including estoppel and statutory compliance) are not appropriate for summary determination and require a full trial. The Notice of Motion for summary dismissal is refused.

Court Disposition

Notice of Motion for summary dismissal dismissed with costs.

Orders

  • ['Notice of Motion for summary dismissal is dismissed with costs.']