Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd (No 2) [2023] NSWSC 248

Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd (No 2) [2023] NSWSC 248

The court held that costs follow the event on the ordinary basis as the offers of compromise were not found to be genuine, and that a stay of the judgment and certain costs orders was appropriate given the insolvency of the claimant and potential irrecoverability of monies if the appeal succeeded.

Jurisdiction
Australia
Judgment Date
21 March 2023
Procedural Posture
Civil / Post Judgment, Consequential Orders and Costs
Outcome
Judgment for the plaintiff in the Technology & Construction List proceeding (2022/288266) for $719,519.82 including interest; certain motions dismissed; costs made on ordinary basis; stay of certain orders pending filing of notice of appeal. In Corporations Proceeding (2022/353631), leave granted to proceed nunc pro...
Legal Topics
['stay of Proceedings Pending Appeal' 'costs—party/party Basis' 'summary Judgment' 'security of Payment Act—insolvent Claimant' 'offers of Compromise—indemnity Costs']
['equity' 'construction Law' 'corporations'] ['stay of Proceedings Pending Appeal' 'costs—party/party Basis' 'summary Judgment' 'security of Payment Act—insolvent Claimant' 'offers of Compromise—indemnity Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Judgment, Consequential Orders and Costs

Legal Issues

  1. 1 ['Whether an insolvent company subject to a deed of company arrangement can pursue a claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether costs should be awarded on an indemnity or ordinary basis following offers of compromise' 'Whether stay of judgment and costs orders should be granted pending appeal']

Ratio Decidendi

The court held that costs follow the event on the ordinary basis as the offers of compromise were not found to be genuine, and that a stay of the judgment and certain costs orders was appropriate given the insolvency of the claimant and potential irrecoverability of monies if the appeal succeeded.

Court Disposition

Judgment for the plaintiff in the Technology & Construction List proceeding (2022/288266) for $719,519.82 including interest; certain motions dismissed; costs made on ordinary basis; stay of certain orders pending filing of notice of appeal. In Corporations Proceeding (2022/353631), leave granted to proceed nunc pro...

Orders

  • ['Notice of motion filed on 9 November 2022 dismissed with no order as to costs (2022/288266)' 'Notice of motion filed on 21 November 2022 dismissed (2022/288266)' 'Judgment for the plaintiff for $719,519.82 including $35,591.33 interest (2022/288266)' 'Defendant to pay plaintiff’s costs of the proceedings on...