Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7

Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7

The applicants are the successful party; a fixed order for costs of their building expert witness, discounted by 25% to reflect unsuccessful claims, is appropriate and reasonable given the modest sum and supporting evidence.

Source-derived case information.

Parties
Applicant: Bruce Russell; Applicant: Virginia Russell; Respondent: David Perri trading as Ferral Concreting
Jurisdiction
Australia
Judgment Date
31 January 2023
Procedural Posture
Tribunal Consumer and Commercial Division Proceeding / Costs Determination Following Principal Judgment
Outcome
Respondent to pay applicants a fixed sum for expert witness costs within 28 days.
Legal Topics
Costs, Party/party Costs, Self Represented Litigant, Work Orders, Fixed Lump Sum Costs
Civil Procedure Building and Construction Costs Party/party Costs Self Represented Litigant Work Orders Fixed Lump Sum Costs

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Parties

Bruce Russell

Applicant

Virginia Russell

Applicant

David Perri trading as Ferral Concreting

Respondent

Procedural Posture

Tribunal Consumer and Commercial Division Proceeding / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 Whether the respondent should pay the applicants' costs of and incidental to the proceedings
  2. 2 Appropriateness of awarding a fixed lump sum costs order for expert witness expenses

Ratio Decidendi

The applicants are the successful party; a fixed order for costs of their building expert witness, discounted by 25% to reflect unsuccessful claims, is appropriate and reasonable given the modest sum and supporting evidence.

Court Disposition

Respondent to pay applicants a fixed sum for expert witness costs within 28 days.

Orders

  • The respondent is to pay the applicants' costs of and incidental to the proceedings, fixed in the amount of $4,400.00, within 28 days.