White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166

White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166

The plaintiff did not establish that the defendants breached their contractual obligations, nor that any losses claimed were caused by the alleged delay in sewer design approval; the weight of evidence pointed to the plaintiff's own instructions causing any delay, and no relevant damages were established.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Principal Judgment / Final Decision After Trial
Outcome
Proceedings dismissed
Legal Topics
['damages for Delay' 'contractual Breach' 'privity of Contract' 'programming/delay Analysis' 'causation in Damages']
['building and Construction Law' 'contract' 'equity'] ['damages for Delay' 'contractual Breach' 'privity of Contract' 'programming/delay Analysis' 'causation in Damages']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Principal Judgment / Final Decision After Trial

Legal Issues

  1. 1 ['Whether the defendants breached contractual obligations to prepare an acceptable sewer design within a reasonable time' 'Whether loss and damage claimed by the plaintiff were established and causally linked to any breach' 'Appropriate method of delay analysis and whether delay in sewer design approval delayed completion of the project']

Ratio Decidendi

The plaintiff did not establish that the defendants breached their contractual obligations, nor that any losses claimed were caused by the alleged delay in sewer design approval; the weight of evidence pointed to the plaintiff's own instructions causing any delay, and no relevant damages were established.

Court Disposition

Proceedings dismissed

Orders

  • ["Plaintiff's claim is dismissed" 'Plaintiff to pay the costs of the first and second defendants unless an alternative costs order is sought within seven days' 'Exhibits to be returned']