Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2011] NSWDC 55

Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2011] NSWDC 55

The costs assessor made an error of law by not ensuring that the total amount claimed for professional work did not exceed the total charged in invoices, resulting in a misapplication of the indemnity principle. There was no error regarding procedural fairness or the awarding of assessment costs.

Parties
First Plaintiff: Bellevarde Constructions Pty Ltd; Second Plaintiff: John Francis Fielding; Defendant: CPC Energy Pty Ltd
Jurisdiction
Australia
Judgment Date
19 May 2011
Procedural Posture
Civil Appeal / District Court Appeal From Costs Assessment
Outcome
Appeal allowed in part; balance of appeal dismissed; costs reserved.
Legal Topics
Costs Assessment, Indemnity Principle, Procedural Fairness, Party/party Costs, Costs of Assessment
Civil Procedure Legal Costs Costs Assessment Indemnity Principle Procedural Fairness Party/party Costs Costs of Assessment

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Parties

Bellevarde Constructions Pty Ltd

First Plaintiff

John Francis Fielding

Second Plaintiff

CPC Energy Pty Ltd

Defendant

Procedural Posture

Civil Appeal / District Court Appeal From Costs Assessment

Legal Issues

  1. 1 Whether the costs assessor made errors of law regarding the indemnity principle
  2. 2 Whether the plaintiffs were denied procedural fairness in the costs assessment
  3. 3 Whether the costs assessor appropriately awarded costs of the assessment

Ratio Decidendi

The costs assessor made an error of law by not ensuring that the total amount claimed for professional work did not exceed the total charged in invoices, resulting in a misapplication of the indemnity principle. There was no error regarding procedural fairness or the awarding of assessment costs.

Court Disposition

Appeal allowed in part; balance of appeal dismissed; costs reserved.

Orders

  • Amount in certificate of determination reduced by $36,551.00 by consent.
  • No further disputes up to 17 August 2005; appeal remains for other items.