The University of Sydney v Multiplex Constructions Pty Ltd (No 3) [2023] NSWSC 1362

The University of Sydney v Multiplex Constructions Pty Ltd (No 3) [2023] NSWSC 1362

Because the University proposed to introduce new allegations concerning the Alleged Sandstone Defect and Alleged Thermal Insulation Defect and then abandoned those proposed amendments and the related pre-evidence disclosure application, the Court could not conclude that the defendants' resistance to the amendment application was unreasonable or that they unreasonably incurred costs in resisting it. The University was therefore ordered to pay the relevant defendants' costs of the motion, but it was not reasonable for the defendants to recover costs incurred in actually preparing to meet the abandoned defect claims or in preparing to give pre-evidence disclosure before leave or disclosure...

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Costs; Equity Technology and Construction List / Determination on the Papers of Costs of the Plaintiff's Notice of Motion Filed 11 November 2022 After Leave to File a Second Further Amended Technology and Construction List Statement Was Granted
Outcome
Plaintiff ordered to pay the costs of the first, second, third, fourth, fifth, seventh and eighth defendants of the plaintiff's Notice of Motion filed 11 November 2022, subject to exclusions; no order as between the plaintiff and the ninth defendant; the sixth defendant's costs had already been ordered on 8...
Legal Topics
['notice of Motion for Leave to Amend List Statement' 'costs of Amendment Application' 'abandoned Proposed Amendments' 'pre Evidence Discovery']
['civil Procedure' 'costs' 'building and Construction'] ['notice of Motion for Leave to Amend List Statement' 'costs of Amendment Application' 'abandoned Proposed Amendments' 'pre Evidence Discovery']

Case Brief

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Procedural Posture

Costs; Equity Technology and Construction List / Determination on the Papers of Costs of the Plaintiff's Notice of Motion Filed 11 November 2022 After Leave to File a Second Further Amended Technology and Construction List Statement Was Granted

Legal Issues

  1. 1 ["Whether the plaintiff should pay the remaining defendants' costs incurred in relation to the plaintiff's Notice of Motion filed 11 November 2022." 'Whether any costs order should exclude costs incurred in preparing to meet the abandoned Alleged Sandstone Defect and Alleged Thermal Insulation Defect claims or in preparing to give pre-evidence disclosure.']

Ratio Decidendi

Because the University proposed to introduce new allegations concerning the Alleged Sandstone Defect and Alleged Thermal Insulation Defect and then abandoned those proposed amendments and the related pre-evidence disclosure application, the Court could not conclude that the defendants' resistance to the amendment application was unreasonable or that they unreasonably incurred costs in resisting it. The University was therefore ordered to pay the relevant defendants' costs of the motion, but it was not reasonable for the defendants to recover costs incurred in actually preparing to meet the abandoned defect claims or in preparing to give pre-evidence disclosure before leave or disclosure...

Court Disposition

Plaintiff ordered to pay the costs of the first, second, third, fourth, fifth, seventh and eighth defendants of the plaintiff's Notice of Motion filed 11 November 2022, subject to exclusions; no order as between the plaintiff and the ninth defendant; the sixth defendant's costs had already been ordered on 8...

Orders

  • ["As between the plaintiff and the ninth defendant, there is to be no order in respect of the plaintiff's Notice of Motion filed 11 November 2022, to the extent that the plaintiff and the ninth defendant pay their own costs of the motion." "As between the plaintiff and the first, second, third, fourth, fifth,...