Brian Leigh Smith & Anor v Coastivity Pty Ltd [No.2] [2008] NSWSC 450

Because the Owners succeeded on each of the three issues in the proceedings and the circumstances advanced by Coastivity did not justify departing from the general rule that costs follow the event, the first defendant was ordered to pay the plaintiffs' costs.

Jurisdiction: Australia
Judgment Date: 09 May 2008
Procedural Posture: Judgment on Costs / Costs Following Judgment Granting Declaratory and Injunctive Relief
Outcome: First defendant ordered to pay the plaintiffs' costs; otherwise no order as to costs.
Legal Topics: ['costs Follow the Event' 'calderbank Offers' 'building and Construction Industry Security of Payment Act 1999 Adjudication']

['costs' 'building and Construction'] ['costs Follow the Event' 'calderbank Offers' 'building and Construction Industry Security of Payment Act 1999 Adjudication']

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

Procedural Posture

Judgment on Costs / Costs Following Judgment Granting Declaratory and Injunctive Relief

Legal Issues

1 ['Whether the plaintiffs should recover their costs after succeeding on all issues in the proceedings.' "Whether Coastivity's asserted statutory right under the Building and Construction Industry Security of Payment Act 1999 justified no order as to costs." "Whether Coastivity's Calderbank letters and attempts to compromise justified no order as to costs."]

Ratio Decidendi

Court Disposition

First defendant ordered to pay the plaintiffs' costs; otherwise no order as to costs.

Orders

["Order the first defendant to pay the plaintiffs' costs of the proceedings." 'Otherwise, make no order as to costs.']