Linga v C & N Constructions Pty Ltd
[2012] NTSC 0829 Feb 2012MASTER LUPPINO REASONS FOR DECISION (Delivered 29 February 2012) By Originating Motion issued pursuant to Rule 53.01 of the Supreme Court Rules (“the Rules”) the Plaintiff has sought recovery of possession from the Defendant of a certain parcel of residential land situated in the suburb of Lyons (“the Property”). The Plaintiff is the registered proprietor of the Property. The Defendant is a builder who entered into a contract (“the Contract”) with the Plaintiff to construct a residence on the Property. The Contract gave possession of the Property to the Defendant for the purpose of completing the building works. Most of the background facts, circumstances are disputed but essentially the Plaintiff claims that the Defendant breached the Contract, that it is now terminated. The Plaintiff asserts that the termination of the Contract also terminates the Defendant’s contractual right to possession of the Property. The Defendant disputes the Plaintiff’s allegations +103 more
