KB v Burrun Dalai Corporation Inc (Further Costs)

The appeal arose from a decision of the Building and Construction Industry Security of Payment Act 2002 (NSW) where the respondent had sought an order for costs. The applicant was a sub-contractor, and the respondent was the principal contractor. The dispute involved an adjudication claim that had been initiated by the applicant under the Security of Payment Act. The court of appeal was required to determine the issue of costs in relation to the proceedings.

The court considered whether the respondent's application for costs was justified. The applicant argued that the respondent had acted unreasonably in pursuing the adjudication claim. The court examined the circumstances in which the adjudication was pursued, including whether there was a genuine dispute over the payment. The court also considered the conduct of both parties throughout the proceedings, including the manner in which the adjudication was pursued and the subsequent litigation.

The court found that the respondent was not entitled to an order for costs. The court held that the respondent had not acted unreasonably in pursuing the adjudication claim. The court found that there was a genuine dispute over the payment, and the respondent was entitled to pursue the adjudication. The court also held that the applicant had not acted unreasonably in defending the adjudication claim and subsequent litigation. The court found that the applicant's conduct was reasonable and that there were no grounds for an order for costs.

No further orders were made by the court.