Allspec Constructions and Project Management Pty Ltd v Jana Pty Ltd as trustee for the Azizi Family Trust (No 2) [2024] NSWSC 774

Allspec Constructions and Project Management Pty Ltd v Jana Pty Ltd as trustee for the Azizi Family Trust (No 2) [2024] NSWSC 774

Given the first plaintiff’s limited success and acceptance of some defendants’ arguments on construction of the Deed, it is just to exercise judicial discretion to depart from the general rule and award the first plaintiff only 40% of its costs on the ordinary basis, together with pre-judgment interest, rather than full costs.

Parties
First Plaintiff: Allspec Constructions and Project Management Pty Ltd (ACN 617 645 788); Second Plaintiff: Joseph Elia; First Defendant: Jana Pty Ltd (ACN 158 982 122) as trustee for the Azizi Family Trust (ABN 44 290 667 496); Second Defendant: Anthony Charbel Azizi
Jurisdiction
Australia
Judgment Date
24 June 2024
Procedural Posture
Civil (equity Costs) / Post Judgment, Costs and Interest Determination
Outcome
Partly in favour of First Plaintiff; costs apportioned.
Legal Topics
Costs, Interest, Contracts, Judicial Discretion on Costs
Civil Procedure Costs Interest Contracts Judicial Discretion on Costs

Case Brief

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Parties

Allspec Constructions and Project Management Pty Ltd (ACN 617 645 788)

First Plaintiff

Joseph Elia

Second Plaintiff

Jana Pty Ltd (ACN 158 982 122) as trustee for the Azizi Family Trust (ABN 44 290 667 496)

First Defendant

Anthony Charbel Azizi

Second Defendant

Procedural Posture

Civil (equity Costs) / Post Judgment, Costs and Interest Determination

Legal Issues

  1. 1 Whether costs should follow the event or be apportioned due to limited success
  2. 2 Whether the first plaintiff is entitled to pre-judgment interest and full/partial costs
  3. 3 Construction and enforceability of the Deed

Ratio Decidendi

Given the first plaintiff’s limited success and acceptance of some defendants’ arguments on construction of the Deed, it is just to exercise judicial discretion to depart from the general rule and award the first plaintiff only 40% of its costs on the ordinary basis, together with pre-judgment interest, rather than full costs.

Court Disposition

Partly in favour of First Plaintiff; costs apportioned.

Orders

  • The second defendant pay pre-judgment interest on the judgment sum ordered on 17 May 2024 to the first plaintiff in the sum of $9,150.79, such that the total sum payable to the first plaintiff is $58,188.84.
  • The second defendant is to pay 40% of the first plaintiff's costs of the proceedings.