Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club [2021] NSWCA 154 (27 July 2021) (Basten JA at [1]; Leeming JA at [3]; Emmett AJA at [70].)


Catchwords:


CONTRACT – construction – design and construct contract – contractor claimed additional payment for works required pursuant to development consent – whether works were “Excluded Works” – significance of definition commencing “Notwithstanding any other clause” – significance of grammatical meaning of clause – clause required to be read as a whole, harmoniously with other provisions in contract