Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 3) [2022] NSWSC 1455

Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 3) [2022] NSWSC 1455

The court held that costs thrown away by the amendment granted to Warrumbungle Shire Council must include costs incurred by Boulus Constructions in supplementing evidence already adduced, and ordered that these costs be assessed and payable forthwith; additionally, the costs of the amendment application are to be the Council's costs in the Cross-Claim.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Cross Claim / Application for Amendment and Costs Orders
Outcome
Costs orders
Legal Topics
['costs' 'amendment of Pleadings' 'statutory Duty Under S 37 Design and Building Practitioners Act 2020 (nsw)']
['equity' 'construction Law'] ['costs' 'amendment of Pleadings' 'statutory Duty Under S 37 Design and Building Practitioners Act 2020 (nsw)']

Case Brief

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Procedural Posture

Cross Claim / Application for Amendment and Costs Orders

Legal Issues

  1. 1 ['Whether costs thrown away by the amendment should include costs of supplementing existing evidence' 'Whether cross-defendant should pay costs of amendment application' "Scope of 'person' in s 37 of the Act"]

Ratio Decidendi

The court held that costs thrown away by the amendment granted to Warrumbungle Shire Council must include costs incurred by Boulus Constructions in supplementing evidence already adduced, and ordered that these costs be assessed and payable forthwith; additionally, the costs of the amendment application are to be the Council's costs in the Cross-Claim.

Court Disposition

Costs orders

Orders

  • ["Council to pay Boulus Constructions' costs thrown away by the amendment, including costs incurred in supplementing lay or expert evidence already adduced to meet the claim under s 37 of the Act." 'Boulus Constructions has leave to have such costs assessed as soon as incurred and payable forthwith on assessment.'...