BGC Residential Pty Ltd and Parker

The case involves an application for leave to review a decision of the Disputes Tribunal, specifically regarding a building contract dispute between BGC Residential Pty Ltd and Parker. The primary issue is the interpretation of a liquidated damages clause in the contract, focusing on whether the term "day" refers to a calendar day or business day, and whether an additional damages term is implied. The application was heard in the Supreme Court of Western Australia.

The legal issues addressed by the court include the interpretation of the liquidated damages clause, the meaning of the term "day" within the context of the contract, and whether the term permitting additional damages should be implied. The court examined the contractual language, relevant statutory provisions, and the context in which the contract was made to determine the appropriate interpretation.

The court found that the term "day" in the liquidated damages clause should be interpreted as a calendar day, not a business day. Additionally, the court held that the term permitting additional damages should not be implied into the contract. The court determined that the Disputes Tribunal had erred in its interpretation of the clause and in implying the additional damages term, leading to the decision to uphold the application for review.

The final orders of the court granted leave to the applicant to bring the application for review and upheld the application dated 30 May 2006. The court's decision clarified the interpretation of the liquidated damages clause and affirmed that the term permitting additional damages was not implied, providing a definitive resolution to the dispute.