Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:

1. Holcim (Australia) Pty Ltd filed the Statement of Claim in this matter on 1 May 2024.

2. Holcim alleged that Sheds and Garages Plus Pty Ltd was in breach of a contract entered into with the plaintiff on 26 July 2022 ('the contract') for the supply and construction of two large sheds, referred to as the Kit Shed and the Hot Rolled Shed. The defendant delivered to the plaintiff's premises portion only of the materials required for the construction of each shed, and it became clear that items were missing in about January 2023. The defendant did not begin the construction of either shed and ceased to communicate with the defendant after 5 January 2023.

3. The plaintiff treated the defendant's conduct as a breach and repudiation of the contract. On about 15 February 2023, the plaintiff accepted the repudiation and elected to terminate the contract. That election was communicated to the defendant by email from Mr Jay Dave, the plaintiff's project manager.

4. A default judgment on liability was obtained by the plaintiff against the defendant under r 16.7 of the Uniform Civil Procedure Rules 2005 (NSW) on 10 January 2025, with damages to be assessed.

5. This judgment deals with the assessment of damages.

6. At the hearing, there was no appearance for the defendant. The plaintiff relied upon the following evidence:

* An affidavit of service of Hetharany Harine Gnanaseelan sworn on 3 May 2024, filed on 2 October 2024;

* An affidavit of Mr Damian Kelly sworn on 20 December 2024 and Exhibit DK-1, filed on 20 December 2024; and

* An affidavit of Mr Jay Dave sworn on 30 April 2025 and Exhibit JD-1, filed on 30 April 2025.

Assessment of Damages

7. Mr Dave's evidence was that the materials for the sheds were delivered to the plaintiff from the defendant in December 2022. The defendant had also arranged for Williams River Steel to provide structural steel for one of the sheds, which was required to have portion of the roof at 12 metres high. The Williams River Steel was delivered to the plaintiff on about 20 October 2022. All of the materials were delivered in flat packs.

8. Mr Dave had discussions and exchanged emails with representatives of the defendant in November and December 2022. Some of those exchanges involved deficiencies in the safety documentation which the defendant was required to provide before construction could begin. Construction of the sheds was scheduled to begin in January 2023.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19733513b458ec119c5ae44f)

Disclaimer: Curated by HT Syndication.