MPM Constructions Pty Limited v Michael Triguboff & Anor [2004] NSWSC 764

MPM Constructions Pty Limited v Michael Triguboff & Anor [2004] NSWSC 764

Plaintiff succeeded on the repudiation issue, being the main issue in the proceedings. Costs should follow the event for the plaintiff's claim and the defendants' completion costs claim, as the plaintiff was successful on those issues. The defendant's rectification claim largely failed, and the plaintiff succeeded to the extent of a limited admission ($6,212). Unsuccessful elements or lower quantum do not displace the usual order as to costs.

Parties
Plaintiff: MPM Constructions Pty Limited; First Defendant: Michael Triguboff; Second Defendant: Eleanora Triguboff
Jurisdiction
Australia
Judgment Date
26 August 2004
Procedural Posture
Civil / Costs Judgment Following Trial
Outcome
Judgment for the plaintiff with costs and partial judgment for the defendant on rectification costs claim.
Legal Topics
Costs, Repudiation of Contract, Damages, Quantum Meruit, Set Off, Rectification Costs
Equity Construction Law Costs Repudiation of Contract Damages Quantum Meruit Set Off Rectification Costs

Case Brief

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Parties

MPM Constructions Pty Limited

Plaintiff

Michael Triguboff

First Defendant

Eleanora Triguboff

Second Defendant

Procedural Posture

Civil / Costs Judgment Following Trial

Legal Issues

  1. 1 Which party is entitled to costs of the proceedings?
  2. 2 Did the plaintiff succeed on its repudiation claim?
  3. 3 Are there reasons for costs not to follow the event?

Ratio Decidendi

Plaintiff succeeded on the repudiation issue, being the main issue in the proceedings. Costs should follow the event for the plaintiff's claim and the defendants' completion costs claim, as the plaintiff was successful on those issues. The defendant's rectification claim largely failed, and the plaintiff succeeded to the extent of a limited admission ($6,212). Unsuccessful elements or lower quantum do not displace the usual order as to costs.

Court Disposition

Judgment for the plaintiff with costs and partial judgment for the defendant on rectification costs claim.

Orders

  • The report of the referee, Mr Peter Callaghan SC, dated 22.06.04, be adopted.
  • Judgment for the plaintiff in the sum of $230,536.81, and interest of $29,494.43 to 29th July 2004.