Robust Builders Pty Ltd v Barai & Anor (No.4)

In this case, Robust Builders Pty Ltd, the builder, sought an order from the court for access to a building expert to inspect a property, as well as to have two individuals cross-examined. The respondents, Barai and Anor, opposed these applications. The matter was before the court on the 10th day of the hearing of the building dispute. The primary issue before the court was whether the builder's applications, made so late in the proceedings, were appropriate and warranted granting the orders sought. The court had to consider the discretion available to it in deciding whether to make the orders.

The court noted that the applications were made very late in the proceedings and that there had been no explanation for the delay. The court also considered the potential impact of the orders on the proceedings and the parties involved. Ultimately, the court found that the builder had not demonstrated a sufficient justification for the delay and that the making of the orders sought would result in an unjustifiable delay and expense to the respondents. The court also found that the potential benefit to the builder did not outweigh the detriment to the respondents. The court held that the applications were an abuse of process and dismissed them.

The court ordered that the builder pay the respondents' costs of the applications on an indemnity basis. The court further found that the builder had acted in a vexatious manner and ordered that the builder pay additional costs for that conduct. The court noted that the additional costs order was intended to deter the builder from engaging in similar conduct in the future. The court also noted that the orders made were without prejudice to any other orders the court may make in the proceeding.