Kyriacou v Bronxx Construction Management Pty Limited [2020] NSWDC 469

Kyriacou v Bronxx Construction Management Pty Limited [2020] NSWDC 469

Plaintiff entitled to damages for defective work, delay, lost rent, interest, difference in allowances for items provided, and reimbursement of unjustified ex gratia payment and certain additional expenses, as well as pre-judgment interest; contract and facts support these quantifications.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Civil / Damages Assessment After Default Judgment
Outcome
Verdict and judgment for the plaintiff against the defendant for $544,321.63 including interest; costs ordered in favour of plaintiff.
Legal Topics
['assessment of Damages' 'breach of Building Contract' 'claims for Defective Work' 'delay Damages']
['contracts' 'building and Construction'] ['assessment of Damages' 'breach of Building Contract' 'claims for Defective Work' 'delay Damages']

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Procedural Posture

Civil / Damages Assessment After Default Judgment

Legal Issues

  1. 1 ['Assessment of damages following default judgment for breach of building contract' 'Entitlement to recover for defective work, delay, credits/allowances, and other expenses']

Ratio Decidendi

Plaintiff entitled to damages for defective work, delay, lost rent, interest, difference in allowances for items provided, and reimbursement of unjustified ex gratia payment and certain additional expenses, as well as pre-judgment interest; contract and facts support these quantifications.

Court Disposition

Verdict and judgment for the plaintiff against the defendant for $544,321.63 including interest; costs ordered in favour of plaintiff.

Orders

  • ['Judgment for the plaintiff against the defendant for $544,321.63' "Defendant to pay the plaintiff's costs"]