[2023] NSWSC 960

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 4)

Orders made to dispose of the proceedings

Catchwords

JUDGMENTS AND ORDERS – form of final orders to give effect to judgment

Cases cited

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965[2023] NSWSC 343
Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 2)[2023] NSWSC 680
Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 3)[2023] NSWSC 881

Legislation cited

Uniform Civil Procedure Rules 2005 (NSW)

Judgment

[1]
I have published three judgments in these proceedings. [1] I shall use the same abbreviations here.
[2]
Following the publication of my most recent judgment, I invited the parties to confer and agree on the orders necessary to dispose of the proceedings.
[3]
The parties agreed a timetable whereby:
[4]
On 11 August 2023, I was informed by the solicitors for the Owners that they had not heard from the solicitors for the Builder and Mr Kazzi in relation to the preparation of a joint set of final orders. The Owners’ solicitor provided a copy of the final orders proposed by the Owners.
[5]
On 14 August 2023, the Owners provided submissions in support of the orders sought, including an order that the Builder pay costs on an indemnity basis from 30 April 2021, on the basis of an Offer of Compromise served by the Owners on the Builder on 29 April 2021, in which the Owners offered to settle the proceedings on a basis less favourable than they have achieved in the proceedings.
[6]
In those circumstances, and having heard nothing from the Builder and Mr Kazzi in relation to the orders proposed by the Owners, I made the following orders earlier today:
1. (1)
  The Statement of Claim is dismissed.
2. (2)
  Judgment for the First and Second Cross-Claimants against the First Cross-Defendant in the sum of $1,308,056.12.
3. (3)
  Judgment for the First and Second Cross-Claimants against the Second Cross-Defendant in the sum of $277,579.50.
4. (4)
  The Plaintiff is to pay the Defendants’/Cross-Claimants’ costs of the proceedings (including the Cross-Claim):
5. (5)
  The Second Cross-Defendant is to pay the First and Second Cross-Claimants’ costs of the Cross-Claim against the Second Cross-Defendant.
6. (6)
  The sum of $42,280 paid by the Plaintiff to the District Court on or about 31 August 2020 as security for the Defendants’ costs of the proceedings is to be paid to the Defendants, together with any interest accrued thereon.
7. (7)
  The sum of $70,000 paid by the First and Second Cross-Claimants into the trust account of Fortis Law Group on or about 16 December 2020 as security for the Cross‑Defendants’ costs of the Cross-Claim is to be paid to the First and Second Cross-Claimants, together with any interest accrued thereon.
8. (8)
  The Plaintiff is to pay the Defendants/Cross-Claimants interest on the Defendants’/Cross-Claimants’ costs and disbursements:
9. (9)
  The Second Cross-Defendant is to pay the First and Second Cross-Claimants interest on the First and Second Cross-Claimants’ costs and disbursements: