The New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd

The New South Wales Netball Association Ltd, a not-for-profit organisation, sued Probuild Construction (Aust) Pty Ltd, a builder, for a building project that went wrong. The Association argued Probuild was negligent in the construction of a netball facility, while Probuild claimed the Association had changed the design and specifications of the project, leading to cost overruns and delays. The case was heard in the Supreme Court of New South Wales.

The court had to decide whether the Association's claim for damages was valid, considering the changed circumstances of the project. Additionally, the court had to determine whether Probuild was entitled to indemnity costs for the litigation, given that the Association had abandoned its original position and Probuild had succeeded on a different basis than initially argued.

The court held that the Association's claims were not valid due to the changed circumstances of the project. It found that Probuild was entitled to indemnity costs as the Association had abandoned its original position and Probuild had succeeded on a different basis. The court reasoned that the Association had not shown any reason why costs should not follow the event, and there was a basis to award indemnity costs to Probuild. The court awarded Probuild indemnity costs for the litigation, reflecting the changed circumstances of the case.

The final orders of the court were that Probuild was entitled to indemnity costs of the litigation, and the Association's claims for damages were dismissed. The court ordered the Association to pay Probuild's costs of the litigation, including indemnity costs. The case serves as a reminder of the importance of carefully considering the basis of a claim and the potential consequences of changing positions during litigation.