Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd (No 2) [2020] NSWDC 941

District Court New South Wales

Medium Neutral Citation: Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd (No 2) [2020] NSWDC 941 Hearing dates: 20, 21 August; 1 October 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff, Babylon Aluminium Pty Ltd, against the defendant, Khazma Aluminium Windows & Doors Pty Ltd, in the sum of $124,868.16, inclusive of interest. (2) Judgment for the cross-defendant on the cross-claim. (3) The defendant/cross-claimant to pay the plaintiff's/cross-defendant's costs of the proceedings, including the costs of the cross-claim. (4) Reserve liberty to the parties to make any application to vary the costs order by email to my associate within 14 days. (5) Refuse the plaintiff's further application for an indemnity costs order. (6) Order that order (3) above is not to include the costs of the application for indemnity costs made today. Catchwords: BUILDING AND CONSTRUCTION — Contract — Payment — Final completion Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 17.7, r 29.8, r 42.1 Category: Principal judgment Parties: Babylon Aluminium Pty Ltd (plaintiff/cross-defendant) Khazma Aluminium Windows & Doors Pty Ltd (defendant/cross-claimant) Representation: Counsel: Mr D P O'Dowd (plaintiff/cross-defendant) Mr F Salama (20 and 21 August 2020); Mr D Allen (1 October 2020) (defendant/cross-claimant)