Robust Builders Pty Ltd v Barai & Anor (No.6)

Robust Builders Pty Ltd sought to recover unpaid invoices from Barai and another party, on the basis that the invoices related to work performed under a building contract. Barai and the other party denied liability, claiming that the contract had not been entered into on the date alleged by Robust Builders, that any contract was subject to a collateral agreement, and that the works performed were defective and incomplete. The dispute came before the Supreme Court of New South Wales. The court was required to determine whether a contract had been entered into on the date alleged, whether there was a collateral contract, whether Barai and the other party were liable for the invoices, whether the claimed variations were proven, and whether Barai and the other party were liable for defective and incomplete works. The court found that a contract had been entered into on the date alleged, that there was no collateral contract, and that Barai and the other party were liable for the invoices. The court found that the claimed variations were not proven, and that Barai and the other party were not liable for defective and incomplete works. The issue of the occupancy certificate and other compliance reports were relevant to the proof of defective or incomplete works, but the court found that the rectification order did not establish liability for defective or incomplete works. The orders made by the court included a determination that Barai and the other party were liable for the unpaid invoices, and that Barai and the other party were not liable for defective and incomplete works.