DCR Constructions (NSW) Pty Ltd t/as True Built v Matthews; Matthews v DCR Constructions (NSW) Pty Ltd t/as True Built

The case involves a dispute between DCR Constructions (NSW) Pty Ltd, trading as True Built, and Gary Matthews. The disagreement revolves around the termination of a construction contract, with questions regarding whether the termination was lawful, whether there was a repudiation, frustration, defective or incomplete work, and what the appropriate remedy might be. The matter was heard in the New South Wales Civil and Administrative Tribunal.

The primary legal issues that the Tribunal needed to address were whether DCR Constructions (NSW) Pty Ltd lawfully terminated the contract, or whether it was Matthews who was entitled to terminate. Additionally, the Tribunal considered whether the work was defective or incomplete, and if so, whether this constituted a repudiation or frustration of the contract. The Tribunal also had to determine the appropriate remedy for Matthews.

In its decision, the Tribunal found that DCR Constructions (NSW) Pty Ltd did not lawfully terminate the contract. The Tribunal determined that the incomplete and defective work provided Matthews with grounds to terminate the contract. As a result, the Tribunal ordered DCR Constructions (NSW) Pty Ltd to pay Matthews the sum of $184,252.17 within 28 days from the date of the decision. Furthermore, DCR Constructions (NSW) Pty Ltd was directed to pay Matthews' costs of both proceedings, either as agreed or assessed according to the legal costs legislation. Either party has the option to apply for an alternative costs order within 14 days from the date of the decision. If such an application is made, the Tribunal will provide directions to the parties regarding submissions. If no application is made, the costs order remains unchanged.