Andy's Earthworks Pty Ltd v Verey

Andy's Earthworks Pty Ltd (the applicant) and Verey (the respondent) appeared before the Court of Appeal of New South Wales concerning a dispute arising from an earlier judgment. The precise nature of the underlying dispute is not detailed, but the proceedings before the Court of Appeal concerned the application of a previous decision and the costs associated with the current hearing.

The primary legal issue before the Court of Appeal was whether the decision in *Doumit v Jabbs Excavations Pty Ltd* [2009] NSWCA 360 should be followed in the present matter, particularly in light of the correct test for a relevant legal principle as reflected in *Gett v Tabet* [2009] NSWCA 76. The court required submissions on why *Doumit* should not be followed, indicating a potential divergence or misapplication of legal principles.

The court ordered the respondent to file and serve written submissions addressing why *Doumit* should not be followed, considering the proper test articulated in *Gett*. The applicant was permitted to file submissions in reply. Furthermore, the court ordered that the costs of the day's proceedings be paid by the respondent on an indemnity basis, with leave granted for assessment if there was disagreement.