Event and Time
Event Description
On 11 May 2021, the court ruled that a particular amended adjudicated amount was invalid to a specific extent but otherwise binding on the parties involved in the proceeding.
Application and Claims
- Applicant's Position:
- The applicant sought the court to declare that the amended adjudicated amount included unclaimed allowances from prior progress claims. - The applicant requested the first respondent (contractor) to bear the costs of the proceedings or at least 50% of those costs.
- First Respondent's Position:
- The first respondent argued that the applicant should pay 50% of their costs or that each party bear its own costs.
Judicial Decisions
- The court found merit in the applicant's claim on one of the three grounds.
- It determined that the applicant was entitled to recover some of its costs and concluded that the first respondent should pay 50% of the applicant's costs due to the reasonable conduct of the proceedings.
Dispute Points and Legal Basis
Dispute Points
- Claims by Applicant:
- Asserted invalidity of the adjudicated amount due to unclaimed items considered in the first respondent's progress claim. - Claimed the proceeding was necessary to obtain substantial relief.
- Claims by First Respondent:
- Contended that the applicant’s success was less than 50%. - Alleged that the applicant's conduct unnecessarily increased the costs of the proceedings.
- Evidence and Reasoning:
- The applicant succeeded on a single ground out of three, yet argued it obtained significant relief that warranted a costs order in their favor. - The first respondent's resistance to the claims was deemed unreasonable by the court due to a lack of arguable basis presented during the proceedings.