Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 3) [2023] NSWSC 881

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 3) [2023] NSWSC 881

As Mr Kazzi admitted breach of his statutory duty under s 37 DBP Act in relation to Boundary Encroachments and Concrete Strength defects, and those breaches directly caused the Owners' loss of interest on borrowings beyond practical completion, the Owners are entitled to Hungerfords v Walker damages as against Mr Kazzi from 20 March 2019.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Equity Technology and Construction List / Consequential Orders Following Principal and Further Judgments
Outcome
Cross-claimants entitled to Hungerfords damages as against second cross-defendant (Mr Kazzi) for interest from 20 March 2019 arising from delay due to specified defects.
Legal Topics
['judgments and Orders Interest' 'statutory Duty of Care' 'design and Building Practitioners Act 2020 (nsw)' 'hungerfords Damages']
['equity' 'building and Construction'] ['judgments and Orders Interest' 'statutory Duty of Care' 'design and Building Practitioners Act 2020 (nsw)' 'hungerfords Damages']

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Procedural Posture

Equity Technology and Construction List / Consequential Orders Following Principal and Further Judgments

Legal Issues

  1. 1 ['Whether the Owners are entitled to Hungerfords v Walker interest damages against Mr Kazzi for admitted breaches of duty under the Design and Building Practitioners Act 2020 (NSW) in relation to specified defects' 'Causation and quantum of damages arising from delay in practical completion and registration due to defects']

Ratio Decidendi

As Mr Kazzi admitted breach of his statutory duty under s 37 DBP Act in relation to Boundary Encroachments and Concrete Strength defects, and those breaches directly caused the Owners' loss of interest on borrowings beyond practical completion, the Owners are entitled to Hungerfords v Walker damages as against Mr Kazzi from 20 March 2019.

Court Disposition

Cross-claimants entitled to Hungerfords damages as against second cross-defendant (Mr Kazzi) for interest from 20 March 2019 arising from delay due to specified defects.

Orders

  • ['Cross-claimants entitled to Hungerfords v Walker damages as against Mr Kazzi from 20 March 2019; submissions to be invited on costs and final orders']