Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 33

Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 33

The appeal failed on all grounds because the builder had validly terminated the contract following the owner's unreasonable withholding of payment, compliance with the dispute resolution clause was not a pre-condition, the quotation was not part of the contract, the refusal to adjourn or re-open the hearing was not procedurally unfair, and awarded progress claims properly reflected the value of work performed.

Parties
Appellant: Raymond Roberts; Respondent: Morphett Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Internal Appeal / Appeal Decision
Outcome
Leave to appeal refused, appeal dismissed
Legal Topics
Appeal, Contractual Construction, Dispute Resolution Clause, Adjournment, Progress Payments, Rectification of Defects
Home Building Contract Appeal Contractual Construction Dispute Resolution Clause Adjournment Progress Payments Rectification of Defects

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Raymond Roberts

Appellant

Morphett Constructions Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the builder validly terminated the contract
  2. 2 Whether the dispute resolution clause was complied with before termination
  3. 3 Whether the quotation formed part of the contract

Ratio Decidendi

The appeal failed on all grounds because the builder had validly terminated the contract following the owner's unreasonable withholding of payment, compliance with the dispute resolution clause was not a pre-condition, the quotation was not part of the contract, the refusal to adjourn or re-open the hearing was not procedurally unfair, and awarded progress claims properly reflected the value of work performed.

Court Disposition

Leave to appeal refused, appeal dismissed

Orders

  • Leave to appeal refused
  • Appeal dismissed