Araujo v Ready Fence (NSW) Pty Limited No 2

The plaintiffs, Araujo, sued the defendant, Ready Fence (NSW) Pty Limited No 2, over an alleged breach of contract. The dispute was heard in the Supreme Court of New South Wales, where the plaintiffs sought damages for alleged breaches of the building contract. The defendants denied liability and counterclaimed for damages for breach of contract and nuisance. The case proceeded to a six-day trial, despite attempts to settle the remaining disputes prior to trial.

The court had to decide whether the plaintiffs were entitled to recover damages for the alleged breaches of contract, and if so, how much. The court also needed to determine the validity of the defendants' counterclaims. The court considered the evidence presented, including the plaintiffs' expert witness, who fell into error and was ultimately not relied upon to a large extent by the plaintiffs. The expert was cross-examined for two days.

The court found that the plaintiffs were not entitled to recover damages for the alleged breaches of contract, and that the defendants were not liable for the counterclaims. The plaintiffs were ordered to bear part of the defendants' costs from the date of the final consent orders. The court held that the plaintiffs' conduct in the proceedings was unreasonable, including their failure to settle the remaining disputes prior to trial and their reliance on an unreliable expert witness. The court also noted that the plaintiffs had made attempts to settle the remaining disputes prior to trial, but these attempts were unsuccessful.