Robust Builders Pty Ltd v Barai & Anor (No.7) [2023] NSWDC 404

District Court New South Wales

Medium Neutral Citation: Robust Builders Pty Ltd v Barai & Anor (No.7) [2023] NSWDC 404 Hearing dates: On the papers Date of orders: 03 October 2023 Decision date: 03 October 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: Paragraph 25 Catchwords: JUDGMENTS AND ORDERS – building case – proceeding carried on for the plaintiff by its director – director's application to 'waive' costs order imposed against plaintiff

COSTS – whether ultimate costs order should be modified to reflect successful party's non-compliance with directions given during a proceeding

CIVIL PROCEDURE - observations on obligation of party to make any application for costs occasioned by reason of its adversary's non-compliance with court directions at a time proximate to the non-compliance rather than at conclusion of proceeding Legislation Cited: Civil Procedure Act 2005 (NSW), ss 96, 98 Uniform Civil Procedure Rules 2005 (NSW), rr 36.13, 42.1 Cases Cited: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577 Northern Territory v Sangare (2019) 372 ALR 117 Oshlack v Richmond River Council (1998) 193 CLR 72 Robust Builders Pty Ltd v Barai [2023] NSWDC 371 Robust Builders Pty Ltd v Barai (No.2) [2023] NSWDC 372 Robust Builders Pty Ltd v Barai (No.3) [2023] NSWDC 373 Robust Builders Pty Ltd v Barai (No.4) [2023] NSWDC 374 Robust Builders Pty Ltd v Barai (No.5) [2023] NSWDC 375 Robust Builders Pty Ltd v Barai & Anor (No.6) [2023] NSWDC 376 Texts Cited: Nil Category: Costs 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 Publication restriction: Nil