Repfix Industries Pty Ltd v FBD Group Pty Ltd

Repfix Industries Pty Ltd, the plaintiff, filed a claim against FBD Group Pty Ltd, the defendant, in the Supreme Court of New South Wales, seeking payment for carpentry and joinery services provided at three separate commercial premises. The primary dispute centred on the final payment terms for these services, with the plaintiff asserting that the defendant was liable for more than the estimated costs previously agreed upon. Additionally, the plaintiff argued that the defendant should cover the costs of any necessary rectification works due to alleged defects in the construction. The defendant contested these claims, denying any liability beyond the agreed estimates and asserting that any defects did not necessitate rectification.

The court was tasked with determining whether the defendant was bound by an agreement to pay more than the estimated costs and whether it could be inferred from the evidence that the defendant had agreed to cover the costs of any rectification works. Furthermore, the court had to assess whether the construction works were indeed defective and, if so, whether any lack of intention to carry out rectification works was relevant to the plaintiff’s claims. In examining the evidence, the court considered the business records admitted into evidence, but noted the absence of testimonial evidence to support the inferences the plaintiff sought to draw from those records. The court had to weigh the importance of the documentary evidence in the absence of oral testimony.

The court found in favour of the plaintiff on the issue of payment, holding that the defendant was liable for more than the estimated costs. The court inferred from the business records and correspondence that an agreement to final payment terms had been reached, despite the absence of direct testimonial evidence. Regarding the rectification works, the court found that the construction works were defective and that the defendant’s lack of intention to carry out rectification works was relevant, but not decisive, in assessing the plaintiff's claims. The court ordered the defendant to pay the plaintiff the additional sum for the construction works and to contribute to the costs of the necessary rectification works.