SDL Project Solutions Pty Ltd v Kim; Kim v SDL Project Solutions Pty Ltd

The parties involved in the dispute were SDL Project Solutions Pty Ltd and James Jong In Kim, with two matters before the tribunal. The primary issue was the termination of a contract for home building, focusing on whether the builder or homeowner lawfully terminated the contract. The dispute also involved the assessment of damages, including a quantum meruit claim by the builder for incomplete work and building defects. The case was heard by the Civil and Administrative Tribunal of New South Wales.

The tribunal needed to decide whether SDL Project Solutions Pty Ltd or Kim lawfully terminated the contract. It also had to determine the extent of SDL's liability for incomplete work and building defects, as well as assess the quantum meruit claim by the builder. The tribunal needed to consider the principles applicable to the assessment of damages in this context, including the builder's entitlement to payment for work completed and the homeowner's right to a refund for incomplete work and defects.

The tribunal found that SDL Project Solutions Pty Ltd did not lawfully terminate the contract. It determined that the builder was entitled to be paid for work completed and materials supplied, less an amount for defective work and incomplete work. The tribunal assessed the quantum meruit claim and ordered SDL to pay Kim $112,853.21. The tribunal dismissed Kim's application for further relief, finding that the issues had been adequately addressed. The parties were required to file and serve their costs submissions within specified timeframes, with the possibility of determining costs without a further oral hearing.

The tribunal's final orders included a payment by SDL to Kim, dismissal of Kim's application, and a detailed timetable for costs submissions. Both parties were granted leave to apply to vary or extend the timetable for costs submissions and documents. The costs documents and submissions were to be filed in hard copy with the tribunal.