Owners Strata Plan 73162 -v- Dyldam Developments Pty Limited [2014] NSWSC 1789

Owners Strata Plan 73162 -v- Dyldam Developments Pty Limited [2014] NSWSC 1789

Dyldam's refusal to agree to the plaintiffs' reasonable requirement for independent supervision of rectification works was unjustified and protracted the litigation; thus, the plaintiffs are entitled to costs (and interest on those costs from 26 July 2013), as they would almost certainly have succeeded at trial.

Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Damages Claim for Rectification of Defective Works / Post Settlement, Costs Determination
Outcome
Costs and interest awarded to plaintiffs for the relevant period after failed settlement.
Legal Topics
['costs' 'mitigation of Damages' 'rectification of Defective Works' 'settlement']
['building and Construction Law' 'civil Procedure'] ['costs' 'mitigation of Damages' 'rectification of Defective Works' 'settlement']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Damages Claim for Rectification of Defective Works / Post Settlement, Costs Determination

Legal Issues

  1. 1 ["Whether the builder's refusal to agree to owner's proposal for settlement was reasonable" 'Whether settlement was a compromise or capitulation by the builder' 'Which party should bear the legal costs for the relevant period' 'Whether plaintiffs are entitled to interest on costs']

Ratio Decidendi

Dyldam's refusal to agree to the plaintiffs' reasonable requirement for independent supervision of rectification works was unjustified and protracted the litigation; thus, the plaintiffs are entitled to costs (and interest on those costs from 26 July 2013), as they would almost certainly have succeeded at trial.

Court Disposition

Costs and interest awarded to plaintiffs for the relevant period after failed settlement.

Orders

  • ["The first defendant pay the plaintiffs' costs on and from 15 June 2013." "The first defendant pay interest on the plaintiffs' costs on and from 26 July 2013."]