HSH Hotels (Australia) Ltd v Multiplex Constructions Pty Ltd

This case concerned an appeal and cross-appeal from a decision of the primary judge regarding a building contract dispute between HSH Hotels (Australia) Ltd (HSH) and Multiplex Constructions Pty Ltd (Multiplex). The central issue revolved around whether Stage 1A of a construction project was considered complete, specifically concerning the provision of sufficient and continuous access to enable fitout works and sales and marketing activities.

The court was required to determine whether the primary judge erred in upholding a referee's finding that Stage 1A was complete, despite the unavailability of certain lifts to all relevant levels. This involved construing the terms of the building contract, particularly the definition of "Completion" and the "Completion Requirements" as set out in the Contract Particulars, and assessing whether the omission of lift access to certain levels constituted a "minor Defect" that did not prevent the stage from being reasonably capable of use for its intended purposes.

The court's reasoning focused on the interpretation of the contract's completion provisions. Multiplex argued that sufficient and continuous access was provided by the goods lift (Lift 4), which was capable of transporting furnishings from the loading dock to all accommodation levels. They contended that the omission of lifts 1 and 2 to certain levels was a "minor Defect" because it did not prevent the intended use of Stage 1A for fitout and sales activities, and that the installation of these lifts would not prejudice the convenient use of the levels. The primary judge had found that the referee's conclusion that the access arrangements satisfied the contractual test was open to him and that no relevant error had been demonstrated.

The appeal and cross-appeal were both dismissed with costs.