Morrison v Moss (No. 4) [2020] NSWDC 243

Morrison v Moss (No. 4) [2020] NSWDC 243

The Owner was practically successful in the proceedings due to significant findings of defective works and substantial value, warranting recovery of 70% of costs, including NCAT costs; builder conduct did not justify indemnity costs; interest on builder's cross-claim awarded from date payment was owed.

Jurisdiction
Australia
Judgment Date
27 May 2020
Procedural Posture
Civil / Post Referee Determination and Costs Orders
Outcome
Judgment for plaintiff (Owner) for defective works claim; Builders' cross-claims set-off; orders for 70% costs to Owner; interest awarded; sum adjusted after set-off.
Legal Topics
['builder Claim for Non Payment' 'owner Claim for Defective Works' 'set Off' 'practical Success' 'indemnity Costs']
['building and Construction' 'costs'] ['builder Claim for Non Payment' 'owner Claim for Defective Works' 'set Off' 'practical Success' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Post Referee Determination and Costs Orders

Legal Issues

  1. 1 ['Whether owner was practically successful overall for costs recovery' 'Whether builder conduct warrants order for indemnity costs' "Time from when interest should be awarded on builder's claim for non-payment"]

Ratio Decidendi

The Owner was practically successful in the proceedings due to significant findings of defective works and substantial value, warranting recovery of 70% of costs, including NCAT costs; builder conduct did not justify indemnity costs; interest on builder's cross-claim awarded from date payment was owed.

Court Disposition

Judgment for plaintiff (Owner) for defective works claim; Builders' cross-claims set-off; orders for 70% costs to Owner; interest awarded; sum adjusted after set-off.

Orders

  • ["Referee's report (except one narrative) adopted." 'Judgment for the plaintiff on claim for defective works for $301,849.00.' 'Plaintiff entitled to interest on judgment sum of $56,622.45.' "Court sets off $52,470.56 (Builders' cross-claim) and $27,743.60 interest from total in favour of the plaintiff." "Defendants...