Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd (No 2) [2020] NSWDC 941

The plaintiff is entitled to judgment for the outstanding sum under the contract as the evidence supports its claim and there is no provision for retention; the cross-claim fails for lack of proof and supporting evidence.

Jurisdiction: Australia
Judgment Date: 02 October 2020
Procedural Posture: Civil / Principal Judgment
Outcome: judgment for plaintiff, cross-claim dismissed
Legal Topics: ['payment' 'final Completion']

['building and Construction' 'contract Law'] ['payment' 'final Completion']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Principal Judgment

Legal Issues

1 ['whether the plaintiff is entitled to payment for outstanding invoices under contract' 'whether the defendant is entitled to retain a portion of the payment pending a defects period' 'whether the defendant is entitled to recover extra costs for completion and remedying defects' 'whether there was any provision for retention sum' 'whether cross-claim for defective or incomplete work should succeed']

Ratio Decidendi

Court Disposition

judgment for plaintiff, cross-claim dismissed

Orders

['Judgment for the plaintiff, Babylon Aluminium Pty Ltd, against the defendant, Khazma Aluminium Windows & Doors Pty Ltd, in the sum of $124,868.16, inclusive of interest.' 'Judgment for the cross-defendant on the cross-claim.' "The defendant/cross-claimant to pay the plaintiff's/cross-defendant's costs of the...