Trimis v Mina

Trimis (the builder) and Mina (the owner) were parties to a building contract. The dispute concerned the builder's claim for payment for work performed and the owner's counterclaim for damages arising from the alleged repudiation of the contract by the builder. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the builder had repudiated the contract, whether the owner was entitled to rely on an alternative justification for terminating the contract, and the appropriate measure of damages for the builder's wrongful exclusion from the site. The court also considered whether an unwritten variation to the contract could give rise to a restitutionary claim.

The Court of Appeal found that the builder had not repudiated the contract. The owner's attempt to rely on an alternative justification for termination was unsuccessful as it was not a valid reason for repudiation. The court determined that the builder was wrongfully excluded from the site and that the measure of damages should reflect the value of the work performed and the profit the builder would have made had the contract been completed. The court also addressed the claim for restitution, finding it was not available in the circumstances.

The appeal was allowed in part, indicating that the builder was successful on some grounds but not all.