Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 4) [2023] NSWSC 960

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 4) [2023] NSWSC 960

Having invited the parties to agree final orders, and having received proposed orders and supporting submissions from the Owners but no response from the Builder and Mr Kazzi, the Court made orders disposing of the proceedings, including dismissal of the Statement of Claim, judgment on the Cross-Claim, costs, security for costs and interest on costs.

Jurisdiction
Australia
Judgment Date
15 August 2023
Procedural Posture
Equity Technology and Construction List / Consequential Orders; Final Orders to Dispose of the Proceedings After Earlier Judgments
Outcome
Orders made to dispose of the proceedings.
Legal Topics
['form of Final Orders' 'offer of Compromise' 'indemnity Costs' 'security for Costs' 'interest on Costs']
['civil Procedure' 'costs' 'judgments and Orders'] ['form of Final Orders' 'offer of Compromise' 'indemnity Costs' 'security for Costs' 'interest on Costs']

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Procedural Posture

Equity Technology and Construction List / Consequential Orders; Final Orders to Dispose of the Proceedings After Earlier Judgments

Legal Issues

  1. 1 ['What final orders were necessary to dispose of the proceedings.' "Whether the Plaintiff should pay the Defendants'/Cross-Claimants' costs on the ordinary basis before 30 April 2021 and on an indemnity basis from 30 April 2021, having regard to an Offer of Compromise served on 29 April 2021." 'What orders should be made for payment out of security for costs and interest on costs.']

Ratio Decidendi

Having invited the parties to agree final orders, and having received proposed orders and supporting submissions from the Owners but no response from the Builder and Mr Kazzi, the Court made orders disposing of the proceedings, including dismissal of the Statement of Claim, judgment on the Cross-Claim, costs, security for costs and interest on costs.

Court Disposition

Orders made to dispose of the proceedings.

Orders

  • ['The Statement of Claim is dismissed.' 'Judgment for the First and Second Cross-Claimants against the First Cross-Defendant in the sum of $1,308,056.12.' 'Judgment for the First and Second Cross-Claimants against the Second Cross-Defendant in the sum of $277,579.50.' "The Plaintiff is to pay the...