Ninyo Pty Limited v Chepurin

Ninyo Pty Limited, the applicant, initiated proceedings against Mr Chepurin, the respondent, seeking payment for outstanding amounts under a building contract. The dispute was heard by the Supreme Court of New South Wales. The applicant, a construction company, alleged that the respondent, a homeowner, had failed to pay certain sums due under the contract for the construction of a residential building.

The primary legal issue before the court was whether the respondent was liable to pay the outstanding amounts under the building contract. The court had to determine the amount owed by the respondent to the applicant, considering the terms of the contract, the works performed, and the payments made. Additionally, the court needed to assess whether any offsets or deductions were applicable under the contract.

The court found that the applicant had completed the works as per the contract and had provided detailed invoices and supporting documentation. The respondent had made partial payments but had failed to settle the outstanding balance. The court held that the respondent was liable to pay the full amount claimed by the applicant, less any reasonable offsets or deductions. After reviewing the evidence, the court determined that the applicant was entitled to the sum of $11,038.78.

The court ordered the respondent to pay the applicant the sum of $11,038.78 within 7 days of the publication of this decision. The court did not find any valid reasons for the respondent to withhold payment, and thus ordered the respondent to settle the outstanding amount without further delay.