26 Apr 2006
MEGA MERGER HOUSING LTD V NEUMEGEN AND NEUMEGEN TRUSTEES LT HC AK CIV 2004-404-007248
- Citation
- openlaw-d1b20d5a_30b0_4b4f_870d_9b68178f2a1f.pdf
- Court
- High Court
Judge found owner‑authorised variations occurred and plaintiff may recover actual costs recorded in the company accounts ($595,033.79 exclusive of GST) plus a 5% variation margin per clause 17(a), rejecting defendants' post‑hoc valuation approach; rejected defendants' set‑off claim based on payments by Mega Merger Holdings Ltd because that entity is not a party and evidence did not show funds came from defendants; allowed limited deductions for defective work totaling $43,938 (GST inclusive); credited payments already made by defendants $313,356; awarded plaintiff $360,064 under the building…