Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965

In the case of Oxford (NSW) Pty Ltd versus KR Properties Global Pty Ltd, the primary dispute revolved around the payment of invoices for construction services provided to Oxford (NSW) Pty Ltd. The defendant, KR Properties Global Pty Ltd, trading as AK Properties Group, sought to challenge the plaintiff's entitlement to payment, arguing that the building work was incomplete and defective, thereby justifying withholding payment. The case was heard in the Construction and Fair Trading Division of the New South Wales Civil and Administrative Tribunal. The central legal issues that the tribunal had to address were whether the builder was entitled to payment of the invoices, whether the building work was incomplete or defective, whether the cost of rectifying the alleged defects was substantiated, and whether the plaintiff was entitled to claim for interest from Hungerfords, as well as whether the defendant's director was in breach of any duties under the Design and Building Practitioners Act 2020 (NSW).

The tribunal began by examining the contractual agreements between the parties and the completion certificates issued for the building work. It found that the building work had been completed in accordance with the contract, and therefore, the defendant was not entitled to withhold payment on the grounds of incomplete work. Regarding the defects, the tribunal considered evidence from experts and the parties, ultimately concluding that the defects identified by the plaintiff were not as severe as claimed and that the cost of rectification had not been adequately proven. The tribunal also addressed the issue of interest, finding that the plaintiff was entitled to claim for interest from Hungerfords, as provided for in the contract. Finally, the tribunal examined whether the director of the defendant had breached any duties under the Design and Building Practitioners Act 2020 (NSW). It found that there was no evidence of such a breach.

The tribunal's final orders were that the defendant was to pay the plaintiff the outstanding amount on the invoices, plus interest as per the contract. Additionally, the tribunal found that the defendant's director was not in breach of the Design and Building Practitioners Act 2020 (NSW). The tribunal's decision emphasised the importance of adhering to contractual obligations and the need for robust evidence to substantiate claims of incomplete or defective work.