Ultra Modern Developments Pty Ltd v Cowan and Anor [2004] NSWSC 746

Ultra Modern Developments Pty Ltd v Cowan and Anor [2004] NSWSC 746

The plaintiff failed to demonstrate any contractual entitlement to the alleged price increase or additional scaffolding costs, and failed to establish grounds to disturb the lower court's costs order. Appeal dismissed.

Jurisdiction
Australia
Judgment Date
30 August 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['building Contract' 'variation Claims' 'costs' 'offer of Compromise']
['contract Law' 'construction Law'] ['building Contract' 'variation Claims' 'costs' 'offer of Compromise']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Entitlement to basic price increase under building contract' 'Entitlement to additional scaffolding costs' 'Validity of retention of moneys by defendant' 'Entitlement to indemnity costs']

Ratio Decidendi

The plaintiff failed to demonstrate any contractual entitlement to the alleged price increase or additional scaffolding costs, and failed to establish grounds to disturb the lower court's costs order. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.' 'The exhibits may be returned.']