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ARTICLE · 19 AUGUST 2024

Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?

Vincent Young
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A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...

AustraliaReal Estate and Construction
Brett Vincent
Brett Vincent
Rhianna Brooker
Rhianna Brooker

Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group [2024] NSWCA 143 (Kazzi v KR Properties)

A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner, relying on presumptions against the wrongdoer and resolving doubtful quantum questions against the party in breach.

Background

Mr Pierre Kazzi (Mr Kazzi) was the sole director, shareholder and nominated supervisor of Oxford (NSW) Pty Ltd (Oxford), a building company. Oxford entered in a contract with KR Properties Global Pty Ltd t/as AK Properties Group (Owners) to construct a six-unit apartment building.

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