2025/00435671
| Date | Party | Submission |
|---|---|---|
| 29/5/2026 | Respondent | Amended Submissions (PDF, 302.1 KB) |
| 29/5/2026 | Respondent | Notice of Contention (PDF, 237.1 KB) |
| 29/5/2026 | Respondent | Supplementary Submissions (PDF, 252.1 KB) |
| 1/6/2026 | Appellant | Amended Notice of Appeal (PDF, 1.5 MB) |
| 2/6/2026 | Appellant | Submissions (PDF, 468.0 KB) |
| 2/6/2026 | Appellant | Reply (PDF, 455.0 KB) |
CONTRACT – in 2019, the respondents were married and jointly purchased land in Bangalow, New South Wales (the property) – by November 2019, they had signed a contract with the appellant for the construction of a substantial dwelling and swimming pool on the property for the sum of $2,699,258.10 – shortly after the building works commenced, the respondents decided to divorce – on 20 August 2021, the appellant terminated the contract on the basis that the respondents were in breach of the contract – the appellant sued the respondents for unpaid works performed on the property, and losses allegedly suffered following the termination of the contract – at the time of the proceedings before the primary judge, the first respondent was an undischarged bankrupt; only the claims against the second respondent needed to be determined – the primary judge held that the appellant failed in its loss of profits claim, partially succeeded in its recovery of invoiced delay costs, and succeeded in its quantum meruit claim and demobilisation/demolition costs claim – the primary judge refused to allow the appellant to amend its pleadings to add a claim for unpaid deposit moneys, to which it would have been entitled had that claim been pleaded – the primary judge awarded the appellant $73,252.05 plus interest – there was no order as to costs as primary judge considered that the appellant ought to have transferred the case to the District Court, as it was seeking damages for breach of contract of less than $500,000 – whether the primary judge erred in refusing to allow the appellant to amend its pleadings – whether the primary judge erred in holding that the appellant had not made out its lost profits claim – whether the primary judge erred in failing to award the appellant interest on the loss of profits and unpaid deposit moneys – whether the primary judge erred in making no order as to costs.
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