The Court granted summary judgment against a developer under the Home Building Act 1989 (NSW) statutory warranty regime where the developer filed a list response containing only bare denials, failed to file any evidence, and indicated it would not do so. The Court awarded indemnity costs on a gross sum basis, holding that the developer's conduct in filing a defence it could not support, thereby causing delay and wasted expenditure when it could have simply not filed a list response and still pursued its cross-claim, constituted relevant delinquency warranting indemnity costs. The DBPA claim was not pressed on the summary judgment application and remains unresolved.
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