Gap Constructions Pty Ltd v Vigar Pty Limited

Gap Constructions Pty Ltd brought an action against Vigar Pty Limited for the recovery of damages for breach of contract. The matter was heard in the Supreme Court of New South Wales. The primary dispute was whether Gap Constructions had breached its contract with Vigar Pty Limited and, if so, to what extent. Additionally, Gap Constructions sought to have Vigar Pty Limited held in contempt for failing to comply with specific court orders issued earlier in the proceedings.

The court was required to determine whether Gap Constructions had indeed breached the contract and, if so, the quantum of damages. Furthermore, it had to decide whether Vigar Pty Limited's failure to comply with certain court orders constituted contempt of court and warranted enforcement of the orders. The court also needed to consider the appropriate sanctions for any contempt found.

The court found that Gap Constructions had indeed breached the contract but determined that the damages were less than claimed. Regarding contempt, the court held that Vigar Pty Limited had wilfully disobeyed the orders by not disclosing certain documents. The court found that this constituted contempt of court under UCPR rule 40.7. The court ordered that Vigar Pty Limited be held in contempt and directed that they comply with the orders forthwith. Additionally, the court ordered that Gap Constructions be awarded the determined amount of damages.

The court ordered that Vigar Pty Limited pay Gap Constructions the determined amount of damages for the breach of contract. The court also held Vigar Pty Limited in contempt for failing to comply with the court's orders and directed them to comply immediately. The court did not impose any further sanctions beyond the requirement of compliance.