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

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

The application to set aside the costs order was dismissed because the applicant's arguments did not provide a proper basis for disturbing the conventional costs order, and neither allegations of bias, procedural complaints, nor alleged non-compliance by the successful party warranted such relief under the governing statutory and common law principles.

Parties
Plaintiff/cross Defendant: Robust Builders Pty Ltd; Defendant/cross Claimant 1: Mr P Barai; Defendant/cross Claimant 2: Mrs F Mahjabeen
Jurisdiction
Australia
Judgment Date
03 October 2023
Procedural Posture
Civil / Post Judgment; Application to Set Aside Costs Order
Outcome
Application to set aside/waive the costs order dismissed
Legal Topics
Costs Orders, Bias Allegations, Set Off, Breach of Court Directions, Representation in Proceedings
Civil Procedure Costs Building and Construction Costs Orders Bias Allegations Set Off Breach of Court Directions Representation in Proceedings

Case Brief

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Parties

Robust Builders Pty Ltd

Plaintiff/cross Defendant

Mr P Barai

Defendant/cross Claimant 1

Mrs F Mahjabeen

Defendant/cross Claimant 2

Procedural Posture

Civil / Post Judgment; Application to Set Aside Costs Order

Legal Issues

  1. 1 Whether the costs order against the plaintiff should be set aside or waived
  2. 2 Whether alleged bias or procedural complaints justify altering the costs order
  3. 3 Whether non-compliance by the successful party with court directions affects the costs order

Ratio Decidendi

The application to set aside the costs order was dismissed because the applicant's arguments did not provide a proper basis for disturbing the conventional costs order, and neither allegations of bias, procedural complaints, nor alleged non-compliance by the successful party warranted such relief under the governing statutory and common law principles.

Court Disposition

Application to set aside/waive the costs order dismissed

Orders

  • Mr Mehndiratta's notice of motion dated 27 September 2023 is dismissed.