Sheds Shade and Turf Pty Ltd v Ozcro Civil and Construction Pty Ltd (Civil Dispute)

The applicant, Sheds Shade and Turf Pty Ltd, brought a claim against the respondent, Ozcro Civil and Construction Pty Ltd, in relation to a contract for the supply and installation of a putting green. The dispute was heard and determined by the Civil Dispute Tribunal. The applicant sought payment for the balance owing under the contract, as well as additional costs and interest. The legal issues before the court involved whether the product supplied by the applicant was the same or similar to the display product that the respondent had agreed to purchase.

The court found that the product supplied by the applicant was not the same or similar to the display product. The display product was described as a 'high-quality, natural looking, lush green putting green,' whereas the product supplied was described as a 'low-quality, patchy, brown and green putting green.' The court concluded that the respondent was not required to pay the full amount for the product, as it did not meet the agreed specifications. The court ordered the respondent to pay the applicant the balance owing under the contract, as well as additional costs and interest. The respondent was also ordered to pay the applicant's filing fee and search fee within 28 days of the decision.