Nutek Constructions Pty Ltd [ACN 603 941 564] v; Slotwinski; Slotwinski v Nutek Constructions Pty Ltd; [ACN 603 941 564] [2019] NSWCATAP 303

Nutek Constructions Pty Ltd [ACN 603 941 564] v; Slotwinski; Slotwinski v Nutek Constructions Pty Ltd; [ACN 603 941 564] [2019] NSWCATAP 303

As Nutek Constructions was successful on most issues in the appeal and there was no disentitling conduct, it is appropriate to award Nutek the costs of the appeals, reduced by 13% to recognize Mrs Slotwinski's limited success regarding the Elite Payment Order. Indemnity costs are not justified as Mrs Slotwinski's conduct, while not optimal, did not reach the required threshold.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Appeal / Costs Determination After Internal Appeal Decision in Appeal Panel
Outcome
Julia Charlotte Slotwinski ordered to pay 87% of the costs of Nutek Constructions Pty Ltd in the appeals as assessed or agreed.
Legal Topics
['costs on Appeal' 'building Contracts' 'consumer and Commercial Division']
['civil Procedure'] ['costs on Appeal' 'building Contracts' 'consumer and Commercial Division']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Determination After Internal Appeal Decision in Appeal Panel

Legal Issues

  1. 1 ['Whether costs should be awarded in favour of Nutek Constructions Pty Ltd on the appeals' 'Whether indemnity costs should be awarded against Julia Charlotte Slotwinski' 'Who is to be considered the successful party in the appeals and to what extent']

Ratio Decidendi

As Nutek Constructions was successful on most issues in the appeal and there was no disentitling conduct, it is appropriate to award Nutek the costs of the appeals, reduced by 13% to recognize Mrs Slotwinski's limited success regarding the Elite Payment Order. Indemnity costs are not justified as Mrs Slotwinski's conduct, while not optimal, did not reach the required threshold.

Court Disposition

Julia Charlotte Slotwinski ordered to pay 87% of the costs of Nutek Constructions Pty Ltd in the appeals as assessed or agreed.

Orders

  • ['Julia Charlotte Slotwinski pay 87% of the costs of Nutek Constructions Pty Ltd in appeals AP 18/21961 and AP 18/23592 as assessed or agreed.']