Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191

Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191

Leave to appeal was refused because Sky accepted the substantive relief granted below was warranted on one independently determinative basis, sought to challenge other alternative findings only to obtain a different costs order, provided no clear basis for apportioning costs by issue, and showed no realistic prospect of establishing that the costs discretion miscarried on House v The King grounds.

Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application From Decision of Sackar J in the Equity Division of the Supreme Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'building and Construction Industry Security of Payment Act 1999 Adjudications' 'jurisdictional Error' 'procedural Fairness' 'costs Discretion']
['appeal' 'building and Construction' 'costs'] ['application for Leave to Appeal' 'building and Construction Industry Security of Payment Act 1999 Adjudications' 'jurisdictional Error' 'procedural Fairness' 'costs Discretion']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Court of Appeal Application From Decision of Sackar J in the Equity Division of the Supreme Court

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the applicant accepted that the substantive result below was warranted on one alternative basis but challenged two other alternative bases only to seek a different costs order.' 'Whether alleged errors concerning s 13(4) of the Building and Construction Industry Security of Payment Act 1999 provided an appropriate basis for an appeal confined to costs.' 'Whether the costs discretion miscarried on House v The King grounds.']

Ratio Decidendi

Leave to appeal was refused because Sky accepted the substantive relief granted below was warranted on one independently determinative basis, sought to challenge other alternative findings only to obtain a different costs order, provided no clear basis for apportioning costs by issue, and showed no realistic prospect of establishing that the costs discretion miscarried on House v The King grounds.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']