Draybi Bros Pty Ltd v Diab, Maklouf and Dib Draybi Bros Pty Ltd v Diab, Maklouf, Dib and Chahrouk [2014] NSWCATCD 99

Draybi Bros Pty Ltd v Diab, Maklouf and Dib Draybi Bros Pty Ltd v Diab, Maklouf, Dib and Chahrouk [2014] NSWCATCD 99

Each party had a measure of success, but respondents ultimately succeeded on transfer due to jurisdictional limitations. Respondents should receive two thirds of their costs for the application to transfer, reflecting both their success and time spent on unsuccessful issues. Wasted preparation costs incurred prior to transfer are to be paid to respondents, assessed at the conclusion of substantive proceedings.

Jurisdiction
Australia
Judgment Date
17 June 2014
Procedural Posture
Civil Costs Application / Post Transfer Costs Determination
Outcome
costs partially awarded to respondents
Legal Topics
['costs' 'jurisdiction' 'transfer of Proceedings' 'home Building Act Limitations']
['civil Procedure' 'building and Construction Law'] ['costs' 'jurisdiction' 'transfer of Proceedings' 'home Building Act Limitations']

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
Sign in to unlock

Procedural Posture

Civil Costs Application / Post Transfer Costs Determination

Legal Issues

  1. 1 ['Whether respondents are entitled to costs following transfer of proceedings from Tribunal to District Court' 'Extent of costs order given partial success and wasted costs' 'Jurisdictional limitations of Tribunal under Home Building Act']

Ratio Decidendi

Each party had a measure of success, but respondents ultimately succeeded on transfer due to jurisdictional limitations. Respondents should receive two thirds of their costs for the application to transfer, reflecting both their success and time spent on unsuccessful issues. Wasted preparation costs incurred prior to transfer are to be paid to respondents, assessed at the conclusion of substantive proceedings.

Court Disposition

costs partially awarded to respondents

Orders

  • ['Applicant to pay respondents two thirds of respondents’ costs of the application to transfer, to be agreed or assessed immediately.' "Applicant to pay respondents' costs incurred in Tribunal proceedings relating to preparation of points of defence and evidence, being costs wasted by reason of transfer to District...