ACN 002 804 702 (formerly Brooks Building) v McDonald

[2009] NSWSC 610

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. EQUITY - equitable remedies - specific performance - Application for specific enforcement of defendant’s promise to consent to the filing of a consent order for setting aside of judgment
2. › terms of settlement required remedial building work to be carried out - whether terms of settlement have been performed by plaintiffs
1. CONTRACTS - building, engineering and related contracts - performance of work - whether engineer’s certificate conclusive evidence that works had been performed in accordance with settlement
2. › construction of contract to determine what effect is to be given to a certificate
1. CONTRACTS - building, engineering and related contracts - performance of work - whether entire performance or substantial performance required before settlement agreement can be enforced
2. › whether agreement an ‘entire contract’
3. › whether agreement substantially performed