Kheng Kok Chua v Archiworks Architects Pty Limited [2010] NSWSC 76

Kheng Kok Chua v Archiworks Architects Pty Limited [2010] NSWSC 76

The referee correctly applied the contractual formula in clause 19(a)(i), requiring determination based on actual costs incurred up to the date of termination and the estimated end cost, rather than the value of works executed; there was no error in construction of the orders or of the contract, so the referee's report was adopted and judgment entered accordingly.

Jurisdiction
Australia
Judgment Date
02 February 2010
Procedural Posture
Cross Claim / Judgment After Reference to Referee
Outcome
Judgment for Cross-Claimant
Legal Topics
["referee's Report Adoption" 'construction of Construction Management Agreement' "meaning of 'costs of the Works'" 'costs—offer of Compromise']
['practice and Procedure' 'contracts' 'costs'] ["referee's Report Adoption" 'construction of Construction Management Agreement' "meaning of 'costs of the Works'" 'costs—offer of Compromise']

Case Brief

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Procedural Posture

Cross Claim / Judgment After Reference to Referee

Legal Issues

  1. 1 ['Whether the referee misconstrued provisions of the construction management agreement' 'Whether the referee erred in construction of orders for reference and thus erred in his task']

Ratio Decidendi

The referee correctly applied the contractual formula in clause 19(a)(i), requiring determination based on actual costs incurred up to the date of termination and the estimated end cost, rather than the value of works executed; there was no error in construction of the orders or of the contract, so the referee's report was adopted and judgment entered accordingly.

Court Disposition

Judgment for Cross-Claimant

Orders

  • ['The Court adopts the reference report of Mr J M N Rolfe QC dated 30 July 2009.' 'Verdict and judgment in favour of the Cross Claimant against the Cross Defendants in the amount of $120,583.30 (inclusive of interest payable in accordance with the terms of the Construction Management Agreement dated 1 November...