Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Limited [2008] NSWSC 1423

Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Limited [2008] NSWSC 1423

A fair and just interest outcome was to award the plaintiff interest at 9 per cent per annum on amounts paid to the defendant beyond the total amount paid less $571,404.07, from the dates of those payments, because the plaintiff had paid more than it owed but the verdict was not simply restitution of the O'Mara adjudication amount. Although the plaintiff was the successful party, it should recover only 60 per cent of its costs because significant time and expense were spent on discrete issues on which it failed or substantially failed, and the defendant was almost entirely successful on the adoption hearing.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Construction Contract Proceedings in the Supreme Court of New South Wales, Equity Division, Technology and Construction List / Determination of Interest and Costs After Adoption With Variations of a Referee's Report and Entry of Judgment for the Plaintiff
Outcome
Judgment varied in favour of the plaintiff for $646,377.86; plaintiff awarded 60 per cent of its costs, excluding costs covered by the costs order dated 26 April 2007.
Legal Topics
['building and Construction Industry Security of Payment Act 1999 (nsw) Adjudication Payments' 'interest on Judgment' 'costs Following the Event' 'departure From Usual Costs Rule' "referee's Report"]
['construction Law' 'civil Procedure' 'costs' 'interest'] ['building and Construction Industry Security of Payment Act 1999 (nsw) Adjudication Payments' 'interest on Judgment' 'costs Following the Event' 'departure From Usual Costs Rule' "referee's Report"]

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Procedural Posture

Construction Contract Proceedings in the Supreme Court of New South Wales, Equity Division, Technology and Construction List / Determination of Interest and Costs After Adoption With Variations of a Referee's Report and Entry of Judgment for the Plaintiff

Legal Issues

  1. 1 ["What additional interest should be allowed on the verdict obtained by the plaintiff after adoption with variations of the referee's report." "Whether the verdict should be treated as restitution of the O'Mara adjudication amount for the purpose of calculating interest." "Whether the usual rule that costs follow the event should apply or be displaced because the plaintiff failed on discrete issues and in challenges to the referee's report."]

Ratio Decidendi

A fair and just interest outcome was to award the plaintiff interest at 9 per cent per annum on amounts paid to the defendant beyond the total amount paid less $571,404.07, from the dates of those payments, because the plaintiff had paid more than it owed but the verdict was not simply restitution of the O'Mara adjudication amount. Although the plaintiff was the successful party, it should recover only 60 per cent of its costs because significant time and expense were spent on discrete issues on which it failed or substantially failed, and the defendant was almost entirely successful on the adoption hearing.

Court Disposition

Judgment varied in favour of the plaintiff for $646,377.86; plaintiff awarded 60 per cent of its costs, excluding costs covered by the costs order dated 26 April 2007.

Orders

  • ['The plaintiff is entitled to interest of $74,973.89 rather than $64,350.59 already ordered, a difference of $10,623.30.' 'The plaintiff is entitled to an ultimate verdict of $646,377.86, for which there will be judgment.' 'The judgment of 28 November 2008 will be varied accordingly.' 'The plaintiff is entitled to...