Prime Marble and Granite Pty Ltd (ACN 077 393 938) v Mehajer

The case between Prime Marble and Granite Pty Ltd and Mehajer arose from a claim by the plaintiff for payment for works carried out on the defendant's property. The plaintiff sought judgment for the sum of $668,276.76, inclusive of interest to the date of the hearing. The defendant argued various defences under the Home Building Act 1989 (NSW), including clauses 10(1), 92(2), and 94(1). However, the defendant failed to comply with the self-executing orders for the filing of evidence and did not attend the court hearing.

The court had to consider several legal issues, including the obligations of a party who fails to attend court, the effect of the defendant's non-compliance with court orders, and the application by the defendant's solicitor to withdraw from the case. The court granted the defendant's solicitor leave to withdraw and to file a notice of ceasing to act, as per r 7.29 of the Uniform Civil Procedure Rules 2005 (NSW) and r 13 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW). The court also had to decide on the merits of the plaintiff's claim, considering the defendant's failure to appear and present a defence.

In its reasoning, the court noted that the defendant had failed to comply with self-executing orders and had not appeared in court. Given these failures, the court found that the plaintiff's claim was not contested and proceeded to grant judgment in favour of the plaintiff. The court awarded the plaintiff the full amount claimed, including interest, and ordered the defendant to pay the plaintiff's costs on an indemnity basis. The court also directed the registry to provide the judgment to the defendant at the address set out in the notice of ceasing to act.