Ceerose Pty Limited v A-Civil Aust Pty Ltd (No 6) [2023] NSWSC 1460

Ceerose Pty Limited v A-Civil Aust Pty Ltd (No 6) [2023] NSWSC 1460

Despite limited successes, the plaintiff was substantially unsuccessful in setting aside the adjudication determinations and adopted an approach contrary to the policy of the Security of Payment Act. Costs should follow the event; reserved costs do not justify a departure from this rule. The plaintiff should pay 90 percent of the defendant's costs of both proceedings.

Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Costs Determination Following Substantive Adjudication Challenge Proceedings / Post Judgment Costs Order
Outcome
Plaintiff to pay 90 percent of the defendant's costs of both proceedings.
Legal Topics
['costs' 'security of Payment' 'adjudication Determinations' 'party/party Costs']
['equity' 'construction Law'] ['costs' 'security of Payment' 'adjudication Determinations' 'party/party Costs']

Case Brief

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Procedural Posture

Costs Determination Following Substantive Adjudication Challenge Proceedings / Post Judgment Costs Order

Legal Issues

  1. 1 ['Whether costs should follow the event in Security of Payment Act proceedings' 'Extent to which interlocutory application successes should affect costs order']

Ratio Decidendi

Despite limited successes, the plaintiff was substantially unsuccessful in setting aside the adjudication determinations and adopted an approach contrary to the policy of the Security of Payment Act. Costs should follow the event; reserved costs do not justify a departure from this rule. The plaintiff should pay 90 percent of the defendant's costs of both proceedings.

Court Disposition

Plaintiff to pay 90 percent of the defendant's costs of both proceedings.

Orders

  • ["The plaintiff pay 90 percent of the defendant's costs of both proceedings."]