PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd

PND Civil Group Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a dispute with Bastow Civil Constructions Pty Ltd. The core of the dispute involved claims for damages arising from defective work.

The Court of Appeal was required to determine whether the respondent was entitled to recover the cost of management time spent by its employees in addressing the appellant's defective work. Additionally, the court considered whether the primary judge's discretion regarding costs had miscarried.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's substantive decision. Regarding the costs of the proceedings below, the court set aside the primary judge's original costs orders and substituted an order that the appellant pay the respondent's costs. No order was made as to the costs of the cross-appeal.