Owners Strata Plan 93810 v KCN Constructions Pty Ltd [2021] NSWSC 176

Owners Strata Plan 93810 v KCN Constructions Pty Ltd [2021] NSWSC 176

The first defendant's breach of the Deed of Settlement by failing to complete specified remedial works and to pay the final legal costs instalment entitled the plaintiff to judgment for damages and unpaid amounts as stipulated in the Deed, with supporting evidence confirming the amounts outstanding.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Principal Judgment / Judgment Following Application for Enforcement of Deed of Settlement
Outcome
Judgment for the plaintiff against the first defendant for $739,969; first defendant to pay plaintiff's costs of the motion; proceedings stood over to a later date; liberty to apply on notice.
Legal Topics
['breach of Statutory Warranties' 'settlement Agreements' 'remedial Works' 'fire Safety']
['building and Construction Law' 'equity'] ['breach of Statutory Warranties' 'settlement Agreements' 'remedial Works' 'fire Safety']

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Procedural Posture

Principal Judgment / Judgment Following Application for Enforcement of Deed of Settlement

Legal Issues

  1. 1 ['Whether the first defendant breached the Deed of Settlement by failing to complete remedial works and pay agreed legal costs' 'Whether the plaintiff is entitled to judgment for damages and unpaid instalments under the Deed']

Ratio Decidendi

The first defendant's breach of the Deed of Settlement by failing to complete specified remedial works and to pay the final legal costs instalment entitled the plaintiff to judgment for damages and unpaid amounts as stipulated in the Deed, with supporting evidence confirming the amounts outstanding.

Court Disposition

Judgment for the plaintiff against the first defendant for $739,969; first defendant to pay plaintiff's costs of the motion; proceedings stood over to a later date; liberty to apply on notice.

Orders

  • ['Judgment for the plaintiff against the first defendant for $739,969.' "The first defendant is to pay the plaintiff's costs of the motion filed 23 October 2020." 'The proceedings are stood over to 23 April 2021.' "Liberty to apply on three days' notice."]