NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR NICKOLAS KEMOURTZIS V/S BRENNAN CONSTRUCTIONS CASE

Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4:

1. This judgment deals with the applications in three Notices of Motion filed in these proceedings.

2. The plaintiff, Mr Nickolas Kemourtzis, commenced the proceedings by filing a Statement of Claim on 7 May 2025. The claim concerns a "cost-plus" contract entered into by Mr Kemourtzis and Brennan Constructions (NSW) Pty Ltd ("the Builder"), on 12 June 2021 ("the contract"), for the completion of the demolition of an existing house on a parcel of land ("the land") and the building of a new house. The Builder is the sole defendant to the Statement of Claim. A Defence has not yet been filed.

3. The Statement of Claim, in clause 18 says that the Builder terminated the contract on 17 February 2025.

4. In the Statement of Claim, Mr Kemourtzis claims that the Builder is in breach of the contract and that, by reason of the breach pleaded, Mr Kemourtzis has suffered loss.

5. The sole director and shareholder of the Builder is Mr Sean Brennan.

6. At the hearing of the Notices of Motion, an affidavit of Mr Steven Song (16 July 2025), two affidavits of Mr Lee Hooks (16 July 2025 and 21 July 2025) and an affidavit of Mr Brennan (16 July 2025) were provided. Mr Brennan was required for cross-examination and, accordingly, gave oral evidence.

Prior action under the Building and Construction Industry Security of Payment Act 1999

7. The Builder sought relief against Mr Kemourtzis under the Building and Construction Industry Security of Payment Act 1999 ('the SOPA') in relation to unpaid invoices for building work performed under the contract. The matter proceeded to adjudication under the SOPA.

8. The adjudicator made a determination in favour of the Builder in the sum of $345,059.10.

9. On 16 January 2025, an order was issued by the District Court against Mr Kemourtzis, under the SOPA in case number 2025/00018851 Brennan Constructions (NSW) Pty Ltd v Kemourtzis, ordering him to pay the Builder $345,285.10 (which included filing fees).

10. Mr Kemourtzis has failed to pay the amount ordered, or any amount. A garnishee order has now been issued against him.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987260e4d5ea5cdb22242d8)

Disclaimer: Curated by HT Syndication.