ALISON LOUISE LOBBE ATF LOBBE NEWMAN TRUST AND KELPIE ENDEAVOURS PTY LTD ATF TESTA ROSSA FAMILY TRUST and QUALITY BUILDERS PTY LTD

The dispute involved a home construction contract between Lobbe Newman Trust, Kelpie Endeavours Pty Ltd, and Quality Builders Pty Ltd. The trust entities, as joint applicants, sought relief against Quality Builders for failing to complete the construction of a home within the stipulated timeframe. The matter was heard in the Supreme Court of New South Wales. The applicants argued that Quality Builders had not provided a valid extension of time for the completion of the project and claimed damages for the delay.

The central legal issues revolved around the validity of the extension of time granted by the applicants to Quality Builders and the appropriate measure and quantum of damages for the delay. The applicants contended that Quality Builders had failed to complete the work within the contractual timeframe and that the extension provided was not valid, thereby entitling them to compensation. The court had to determine whether the extension was valid and, if not, what compensation was appropriate for the delay.

In its decision, the court held that the extension of time granted to Quality Builders was not valid. Consequently, the applicants were entitled to damages for the delay. The court assessed the appropriate measure of damages and determined the quantum of compensation based on the delay's impact on the applicants. The court found that the applicants were entitled to the claimed compensation for the delay in completion.

The court ordered that the application be successful, awarding the applicants the compensation they sought for the delay in completion. The specific amount of compensation was not detailed in the provided text, but the court's ruling confirmed the applicants' entitlement to damages.