ABB Engineering Construction Pty Limited v Abigroup Contractors Pty Limited [2003] NSWSC 867

ABB Engineering Construction Pty Limited v Abigroup Contractors Pty Limited [2003] NSWSC 867

Interest should run from the later of the proceedings commencement (6 August 1998) or date of expenditure, as per plaintiff's contemporaneous cost records. The plaintiff, being wholly successful, is entitled to costs—the abandonment of alternative claims does not warrant apportionment or deprivation of costs because the evidence for such claims was also relevant to the main issues litigated. Judgment for defendant on abandoned claims is inappropriate due to the integrated nature of the issues and proceedings.

Jurisdiction
Australia
Judgment Date
24 September 2003
Procedural Posture
Civil (equity Division Technology and Construction List) / Post Trial Determination of Interest, Costs and Orders
Outcome
Orders for short minutes to be brought in; plaintiff entitled to interest and costs, application by defendant for judgment on abandoned claims dismissed.
Legal Topics
['interest on Judgment' 'costs—discretion and Apportionment' 'abandonment of Claims' 'usual Order as to Costs' 'quantum Meruit']
['construction Law' 'contract Law' 'restitution/quantum Meruit'] ['interest on Judgment' 'costs—discretion and Apportionment' 'abandonment of Claims' 'usual Order as to Costs' 'quantum Meruit']

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 (equity Division Technology and Construction List) / Post Trial Determination of Interest, Costs and Orders

Legal Issues

  1. 1 ['From what date should interest on judgment be calculated under section 94 of the Supreme Court Act?' 'Should the plaintiff, having abandoned certain claims, be deprived of or apportioned costs?' 'Should an order for judgment be made in favour of the defendant in respect of abandoned claims?']

Ratio Decidendi

Interest should run from the later of the proceedings commencement (6 August 1998) or date of expenditure, as per plaintiff's contemporaneous cost records. The plaintiff, being wholly successful, is entitled to costs—the abandonment of alternative claims does not warrant apportionment or deprivation of costs because the evidence for such claims was also relevant to the main issues litigated. Judgment for defendant on abandoned claims is inappropriate due to the integrated nature of the issues and proceedings.

Court Disposition

Orders for short minutes to be brought in; plaintiff entitled to interest and costs, application by defendant for judgment on abandoned claims dismissed.

Orders

  • ['Plaintiff to bring in short minutes reflecting orders as per reasons for judgment.' 'Interest awarded as per reasoning (from 6 August 1998 or later booking date of expenditure).' 'Plaintiff awarded costs of the proceedings.' "Defendant's application for judgment on abandoned claims dismissed."]