Geneville Constructions Pty Ltd v Leslight (No 3) [2019] NSWDC 404

Geneville Constructions Pty Ltd v Leslight (No 3) [2019] NSWDC 404

The plaintiff was entitled to 80% of its costs on the Statement of Claim due to partial failure on the contract claim, and the standard, not indemnity, basis was appropriate given the Calderbank offer was not unreasonably refused; pre-judgment interest was awarded at the prescribed rate on the quantum meruit amount from one month after 19 March 2014, consistent with s 100 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Civil / Judgment on Costs and Interest Following Determination of Substantive Claims
Outcome
Partial success for plaintiff; costs and interest orders made as specified; no indemnity costs.
Legal Topics
['costs' 'interest' 'quantum Meruit' 'calderbank Offers']
['civil Procedure' 'building and Construction Law'] ['costs' 'interest' 'quantum Meruit' 'calderbank Offers']

Case Brief

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Procedural Posture

Civil / Judgment on Costs and Interest Following Determination of Substantive Claims

Legal Issues

  1. 1 ['Appropriate costs order where plaintiff succeeded on quantum meruit but not on contractual claim' 'Whether indemnity costs are payable following Calderbank offer' 'Whether interest should be ordered on quantum meruit amount and from what date']

Ratio Decidendi

The plaintiff was entitled to 80% of its costs on the Statement of Claim due to partial failure on the contract claim, and the standard, not indemnity, basis was appropriate given the Calderbank offer was not unreasonably refused; pre-judgment interest was awarded at the prescribed rate on the quantum meruit amount from one month after 19 March 2014, consistent with s 100 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Partial success for plaintiff; costs and interest orders made as specified; no indemnity costs.

Orders

  • ['Parties to bring in agreed Short Minutes of Order within 14 days reflecting these reasons.' 'If continued disagreement, parties to prepare respective proposed orders with detailed calculations and submissions to be served on each other and Associate to Dicker DCJ.' 'No order as to costs for the applications before...