Hossain v Unity Grammar College Ltd and Ors (2)

The case of Hossain v Unity Grammar College Ltd and Ors was heard in the Supreme Court of Queensland. The dispute centred on whether a tendered plan was the final version that the parties intended to rely on, and if discrepancies between the plan and the actual construction could render the plan inadmissible as evidence. The plaintiff, Hossain, argued that the plan, which differed from the constructed building, should not be considered by the court. The defendants, Unity Grammar College Ltd and others, contended that the plan was relevant and authentic, and should be admitted as evidence.

The court was tasked with determining whether the plan tendered was the final version intended by the parties, and if it was relevant and authentic despite the differences between the plan and the actual construction. The court had to consider whether the plan was admissible as evidence, and if the differences between the plan and the construction could be disregarded. This required an analysis of the contract terms and the intention of the parties regarding the plan.

The court found that the plan was not the final version intended by the parties, as there were significant differences between the plan and the actual construction. However, the court held that the plan was still relevant and authentic evidence of the parties' intentions. The court held that the differences between the plan and the actual construction did not render the plan inadmissible, as the plan was still relevant to understanding the intentions of the parties at the time of the contract. The court held that the plan was admissible as evidence, despite the differences between the plan and the actual construction.

The court ordered that the plan be admitted as evidence, and that the defendants bear the costs of the proceeding. The court held that the plan was relevant and authentic, and that the differences between the plan and the actual construction did not render it inadmissible. The court held that the plan was admissible as evidence, and that the defendants bear the costs of the proceeding.