Renbar Constructions Pty Ltd v Sader; Sader v Renbar Constructions Pty Ltd (No 2) [2022] NSWSC 472

Renbar Constructions Pty Ltd v Sader; Sader v Renbar Constructions Pty Ltd (No 2) [2022] NSWSC 472

Where both parties enjoy substantial success on their respective claims and the Calderbank offer outcome cannot be clearly ascertained, the appropriate costs order is that each side pay the other's costs of their successful claim, or alternatively, an agreed proportion if both consent.

Parties
Plaintiff/cross Defendant: Renbar Constructions Pty Ltd; First Defendant/cross Claimant: Mark Anthony Sader; Second Defendant: Sandra Sader
Jurisdiction
Australia
Judgment Date
20 April 2022
Procedural Posture
Civil (equity Technology and Construction List) / Post Judgment Application for Costs
Outcome
Defendant to pay costs of plaintiff and cross-defendant to pay costs of cross-claimant, unless both parties agree that plaintiff should have 75% of its costs.
Legal Topics
Costs, Calderbank Offer, Cross Claim
Civil Procedure Costs Calderbank Offer Cross Claim

Case Brief

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Parties

Renbar Constructions Pty Ltd

Plaintiff/cross Defendant

Mark Anthony Sader

First Defendant/cross Claimant

Sandra Sader

Second Defendant

Procedural Posture

Civil (equity Technology and Construction List) / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether the plaintiff bettered its Calderbank offer for the purposes of a costs order
  2. 2 Whether costs should be awarded following the event or apportioned

Ratio Decidendi

Where both parties enjoy substantial success on their respective claims and the Calderbank offer outcome cannot be clearly ascertained, the appropriate costs order is that each side pay the other's costs of their successful claim, or alternatively, an agreed proportion if both consent.

Court Disposition

Defendant to pay costs of plaintiff and cross-defendant to pay costs of cross-claimant, unless both parties agree that plaintiff should have 75% of its costs.

Orders

  • Option 1: Dr Sader to pay Renbar's costs of Renbar's claim and Renbar to pay Dr Sader's costs of Dr Sader's cross-claim.
  • Option 2: If both parties agree, Dr Sader to pay 75% of Renbar's total costs.