KANE CONSTRUCTIONS PTY LTD v SOPOV (NO 3)

摘要

WARREN CJ: Judgments were previously delivered in this proceeding on 30 June 2005 ("the primary judgment") and 16 December 2005 ("the quantum judgment"). On 16 December 2005, I adjourned the proceeding to enable the parties to consider their responses to the judgments and potentially submit orders for consideration. It transpired that the parties were unable to agree on the form of orders. Hence, the matter returns to the Court for further argument. In the quantum judgment, I concluded that the plaintiff was entitled to its quantum meruit claim but, for the reasons stated, the matters of the delays, rectification and liquidated damages needed to be taken into account. I thereafter determined the quantum of amounts with respect to delays, liquidated damages, rectification and other claims, including variations and deduction variations and then interest. Finally, in the quantum judgment, I turned to the matter of whether the final orders should address amounts claimed and proved on an equitable set-off basis or a final balance approach. I determined the latter.