Wende v Horwath (NSW) Pty Ltd

Wende brought an action in the Local Court against Horwath (NSW) Pty Ltd to recover the balance of an amount owing under a contract for the supply and installation of a swimming pool. The defendant disputed the amount claimed and sought to counterclaim for defective work. Wende sought an order for the defendant to pay the amount claimed as well as interest and costs. The defendant sought to counterclaim for damages for defective work and to be awarded its own costs. The court was required to determine the amount owing by the defendant to the plaintiff under the contract, and whether the defendant was liable to pay the plaintiff's costs.

The court held that the terms of the contract were clear and unambiguous, and that the defendant was liable to pay the amount claimed by the plaintiff, together with interest. The court also held that the defendant was liable to pay the plaintiff's costs under the Local Court Practice Note 2, which provides for the recovery of costs in certain circumstances. The court held that the defendant's counterclaim for defective work was not substantiated by the evidence, and that the defendant was not entitled to its own costs.

The court ordered that the defendant pay the plaintiff the amount of $17,300 together with interest at the rate of 8% per annum from 19 May 2020 until the date of judgment. The court also ordered that the defendant pay the plaintiff's costs of the proceeding.