Forte Wins Landmark Case in NSW Court of Appeal

We are thrilled to announce a significant legal victory for Forte Sydney Construction Pty Ltd in the New South Wales Court of Appeal. On 23 September 2022, the Court delivered its decision in the case of Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2022] NSWCA 186.

Case Summary:

  • Hearing Date: 21 July 2022
  • Date of Orders and Decision: 23 September 2022
  • Judges: Ward P, Meagher JA, and Gleeson JA

Key Points of the Decision:

  1. Appeal Allowed: The Court of Appeal allowed Forte’s appeal.
  2. Orders Set Aside: The orders made on 14 December 2021 by the lower court were set aside.
  3. New Orders:
    • Judgment for Forte on its claim in the sum of $292,833.67.
    • Dismissal of the defendant’s cross-claim.
    • The defendant, N Moit & Sons (NSW) Pty Ltd, to pay Forte’s costs of the proceedings in the lower court.
    • The respondent to pay Forte’s costs of the appeal.

Catchwords:

  • Contracts: The case centered on the formation and acceptance of contracts, specifically acceptance by conduct and subsequent conduct related to contract provisions.

This victory underscores Forte’s commitment to upholding contractual integrity and pursuing just outcomes. We extend our gratitude to our legal team and all those who supported us throughout this process.

Stay tuned for more updates and achievements as we continue to build a stronger future together.

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