Pyramids Render Stars Pty Ltd v Akkari Group Pty Ltd & Anor [2021] NSWDC 672

District Court New South Wales

Medium Neutral Citation: Pyramids Render Stars Pty Ltd v Akkari Group Pty Ltd & Anor [2021] NSWDC 672 Hearing dates: 9 December 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against both defendants for $302,861.17. (2) Order the defendants to pay the plaintiff's costs of the proceedings. Catchwords: PROCEDURE – determination of whether, and on what terms, proceedings have been settled – suitable orders to give effect to such determination CONTRACT – counter offer is a rejection of an offer - implied acceptance of an offer by conduct Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Cases Cited: Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61 Gorczynski v Bendigo and Adelaide Bank Limited (2016) NSWCA 170 Hyde v Wrench (1840) 49 ER 132 Category: Principal judgment Parties: Pyramids Render Stars Pty Ltd (Plaintiff) Akkari Group Pty Ltd (First Defendant) Maroun Akkari (Second Defendant) Representation: Counsel: E Holmes (Plaintiff) M Sciglitano (Defendants)

Solicitors: Dentons (Plaintiff) Macquarie Law Group (Defendants) File Number(s): 2021/63333

Judgment

Introduction 1. This judgment is the resolution of a dispute about the resolution of a dispute about the resolution of a dispute. 2. In 2019 the plaintiff Pyramids Render Stars Pty Ltd ("Pyramids") was engaged by the first defendant Akkari Group Pty Ltd ("Akkari Group") to undertake external render and paint works on a construction project in Gosford. The second defendant Mr Maroun Akkari was the sole director of Akkari Group.