Pyramids Render Stars Pty Ltd v Akkari Group Pty Ltd & Anor [2021] NSWDC 672

Pyramids Render Stars Pty Ltd v Akkari Group Pty Ltd & Anor [2021] NSWDC 672

Defendants had not proved payment totalling $100,000; only $50,000 was credited by the Deed. Settlement terms outlined in the 5 July 2021 email apply, and no further payments have been made apart from the $200,000. Judgment should be entered in favour of the plaintiff for $302,861.17.

Parties
Plaintiff: Pyramids Render Stars Pty Ltd; First Defendant: Akkari Group Pty Ltd; Second Defendant: Maroun Akkari
Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Civil / Post Settlement Determination and Final Orders
Outcome
Judgment for the plaintiff against both defendants for $302,861.17 and costs.
Legal Topics
Settlement of Proceedings, Formation of Contract, Implied Acceptance, Counter Offer, Liquidated Debt
Contract Law Civil Procedure Settlement of Proceedings Formation of Contract Implied Acceptance Counter Offer Liquidated Debt

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Parties

Pyramids Render Stars Pty Ltd

Plaintiff

Akkari Group Pty Ltd

First Defendant

Maroun Akkari

Second Defendant

Procedural Posture

Civil / Post Settlement Determination and Final Orders

Legal Issues

  1. 1 Whether the proceedings have been settled and on what terms
  2. 2 Whether defendants paid $100,000 to plaintiff and are entitled to credit
  3. 3 Whether a contract was formed by implied acceptance of an offer

Ratio Decidendi

Defendants had not proved payment totalling $100,000; only $50,000 was credited by the Deed. Settlement terms outlined in the 5 July 2021 email apply, and no further payments have been made apart from the $200,000. Judgment should be entered in favour of the plaintiff for $302,861.17.

Court Disposition

Judgment for the plaintiff against both defendants for $302,861.17 and costs.

Orders

  • Judgment for the plaintiff against both defendants for $302,861.17.
  • Order the defendants to pay the plaintiff's costs of the proceedings.