Ultra Developments Pty Ltd v Robert and Kelly Nagle [2015] NSWCATCD 32

Ultra Developments Pty Ltd v Robert and Kelly Nagle [2015] NSWCATCD 32

The Tribunal found the homeowners breached clause 15 by refusing to pay progress claim 6, constituting repudiation. The builder accepted this repudiation, entitling him to damages. The reconciliation document and supporting evidence proved the sum owing for work performed. Accordingly, the homeowners must pay the builder the outstanding amount with calculated interest.

Jurisdiction
Australia
Judgment Date
04 March 2015
Procedural Posture
Civil Application / Remitted Hearing Following Appeal
Outcome
Applicant's claim allowed
Legal Topics
['repudiation' 'progress Payment' 'termination of Contract' 'damages']
['contract Law' 'consumer Law'] ['repudiation' 'progress Payment' 'termination of Contract' 'damages']

Case Brief

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Procedural Posture

Civil Application / Remitted Hearing Following Appeal

Legal Issues

  1. 1 ['Whether the homeowner repudiated the contract by failing to pay progress claim 6' 'Whether the builder is entitled to damages for repudiation' 'Whether the builder proved the work claimed was performed']

Ratio Decidendi

The Tribunal found the homeowners breached clause 15 by refusing to pay progress claim 6, constituting repudiation. The builder accepted this repudiation, entitling him to damages. The reconciliation document and supporting evidence proved the sum owing for work performed. Accordingly, the homeowners must pay the builder the outstanding amount with calculated interest.

Court Disposition

Applicant's claim allowed

Orders

  • ['The respondent is to pay the applicant the sum of $74,276.47.00 immediately.' 'Any application for an order for costs is to be notified to the Registry by 23 March 2015 by sending a copy of any submissions and evidence in support of such an application to the Registry and the other party.' 'The party against whom...