CONTRACTS - claim for monies owing under a contract - where applicant entered into a works contract to supply pipe and associated site installation work to the respondent - where contract provided for fixed lump sum amount in respect to the original scope of work - where contract provided a schedule of rates for site works - where contract provided for the valuation of variations to the scope of work - where contract terminated for convenience - whether clauses survive termination - whether claim fails because of failure to give prescribed notice pursuant to contract - construction of works contract - assessment of amount owing pursuant to works contract.
CONTRACTS - breach of contract - where cross-claimant claims cross-respondent breached the works contract - where alleged breaches of contract include failure to deliver pipe and fittings on agreed dates, demoblisation from site and defective workmanship - where cross-claimant claims damages for increased costs of manufacturing paid to new supplier - where cross-claimant claims damages for the costs of rectifying defective pipe and additional site jointing.
CONSUMER LAW - misleading and deceptive conduct - where applicant proceeded on the basis that the scope of works under the proposed contract was reflected entirely in the tender drawings issued - where respondent issued with revised and additional drawings by its principal before it enters into contract with applicant - whether failure to disclose revised and additional drawings to the applicant is misleading and deceptive conduct - where contract provided that further drawings may be issued and applicant told variations were possible.
CONSUMER LAW - relief sought - where applicant seeks an order varying contract so that a "cap" in the works contract would be removed and the applicant would be entitled to be compensated instead by reference to reasonable rates and prices - whether order sought would compensate applicant for loss and damage caused - whether order sought proportionate to loss or damage suffered - where applicant claims it would have not reduced tender price if it had known of variations - where applicant claims it did not seek or undertake other work at reasonable industry rates and prices because of respondent's conduct - Australian Consumer Law, ss 237, 243.
TORTS - inducing a breach of contract - where applicant claims to have entered a subcontract with a supplier - where respondent terminated contract with applicant and contracted directly with that supplier - consideration of elements of cause of action - whether there was a contract between applicant and supplier - whether respondent knew of that contract - whether respondent induced or procured a breach of that contract.
PRACTICE AND PROCEDURE - application to extend time to file evidence - where applicant seeks to rely on a more detailed expert report - where first expert report defective and failed to set out reasoning - where deficiencies in report and delay in application not the result of a deliberate tactic - where application would not result in extended adjournment - application allowed.
PRACTICE AND PROCEDURE - application to amend statement of claim in relation to misleading or deceptive conduct claim - where amendment would not cause embarrassment to respondent - application allowed.
PRACTICE AND PROCEDURE - application to amend statement of claim in relation to the claim in tort - where application made at conclusion of trial - where amendment would prejudice respondent - where proposed amendment could have been pursued before trial - application refused.
PRACTICE AND PROCEDURE - application to amend defence to withdraw admission - where admission inconsistent with evidence - application allowed.
EVIDENCE - where applicant's witness produced schedules which show his estimates of employee labour hours - where schedules not admissible as a business record by reason of Evidence Act 1995 (Cth), s 69(3) - whether schedules admissible pursuant to Evidence Act 1995 (Cth), s 29(4).
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