C&V Engineering v Metropolitan (No.3) [2022] NSWDC 421

C&V Engineering v Metropolitan (No.3) [2022] NSWDC 421

The claims relating to Buildings B and C were separable, and costs should be apportioned according to the relative scope and focus of the issues. Metropolitan should have its costs of C&V's unsuccessful Building C claim and C&V should have its costs of the Building B claim, but, reflecting the predominance of issues related to Building C, C&V should pay 40% of Metropolitan's costs.

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Civil / Post Referee's Report on Quantum, Costs and Interest Determination
Legal Topics
['costs Apportionment' 'contract Damages' 'referee’s Report Adoption']
['civil Procedure' 'contracts'] ['costs Apportionment' 'contract Damages' 'referee’s Report Adoption']

Case Brief

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Procedural Posture

Civil / Post Referee's Report on Quantum, Costs and Interest Determination

Legal Issues

  1. 1 ['Appropriate quantum for workshop usage costs and consumables under contract' 'Whether costs should be apportioned on issue-by-issue basis in a mixed-outcome case' 'Entitlement to pre-judgment interest']

Ratio Decidendi

The claims relating to Buildings B and C were separable, and costs should be apportioned according to the relative scope and focus of the issues. Metropolitan should have its costs of C&V's unsuccessful Building C claim and C&V should have its costs of the Building B claim, but, reflecting the predominance of issues related to Building C, C&V should pay 40% of Metropolitan's costs.

Court Disposition

Orders

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