Under a cost-plus building contract, the 'cost' of an authorised subcontract does not include profit mark-ups charged by a related company subcontractor that is not at arm's length from the builder. Loss for deceit or misleading conduct claims may be measured by reference to contractual overpayments where the misrepresentation induced those payments. Parties must clearly articulate their cases before referees; arguments not raised before the referee or the primary judge on adoption cannot generally be raised on appeal, as the adoption of a referees' report is a discretionary power reviewable only on House v The King principles.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
5 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.