Robust Builders Pty Ltd v Barai & Anor (No.5) [2023] NSWDC 375

District Court New South Wales

Medium Neutral Citation: Robust Builders Pty Ltd v Barai & Anor (No.5) [2023] NSWDC 375 Hearing dates: 7 September 2023 Date of orders: 7 September 2023 Decision date: 07 September 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 29 Catchwords: CIVIL PROCEDURE – builder's application to reopen evidence during closing submissions (in reply) – discretionary considerations Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Category: Procedural rulings Parties: Robust Builders Pty Ltd (plaintiff/cross defendant Mr P Barai (defendant/cross-claimant 1) Mrs F Mahjabeen (defendant/cross-claimant 2) Representation: Mr D Lambley (solicitor) for the defendants/cross-claimant Mr R Mehndiratta (as director of and for the plaintiff/cross-defendant File Number(s): 2018/00259451

REASONS FOR JUDGMENT

Background 1. This is day 12 of the hearing of this proceeding, which commenced in August 2018 and relates to the performance of a construction contract between 2017 and July 2018. The proceeding is at the stage where the parties are in closing submissions. The structure for the closing submissions I have directed is that: 1. The builder od to make submissions in chief about issues associated with the builder's claim; 2. The owners are to make submissions in response to issues associated with the builder's claim and make submissions in chief on the Owners' claim; 3. The builder is to make submissions in reply on the builder's claim and submissions in response on the Owners' claim; and 4. The owner is to make submissions in reply on the owners' claim. 1. More specifically, the proceeding is at the stage of point (c). 2. Mr Mehndiratta, the plaintiff's director, who has been carrying on the proceeding for the builder in a practical way since November 2020, has applied (for a third time since the closing addresses commenced yesterday) to reopen the builder's case again for the purpose of tendering additional documents. 3. Mr Lambley, the owners' solicitor advocate, opposes the application.