Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 5) [2021] NSWSC 710

Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 5) [2021] NSWSC 710

The plaintiff, Payce, was in substance the successful party, having established substantial entitlement to variations and retaining the bulk of the amount paid by the defendant, Canterbury-Bankstown Council, under the Building and Construction Industry Security of Payment Act 1999 (NSW). As such, costs should follow...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Equity Technology and Construction List / Post Judgment; Determination of Costs
Outcome
Defendant to pay the plaintiff's costs; ancillary orders regarding interest and delivery of security.
Legal Topics
['costs' 'variation Claims' 'security of Payment']
['construction Law' 'civil Procedure'] ['costs' 'variation Claims' 'security of Payment']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Equity Technology and Construction List / Post Judgment; Determination of Costs

Legal Issues

  1. 1 ['Whether costs should follow the event after plaintiff partially succeeded on variation claims' 'Whether payment following adjudication affects cost entitlement' 'Should a stay of repayment order be granted pending costs assessment' 'Entitlement to indemnity costs based on Calderbank offer']

Ratio Decidendi

The plaintiff, Payce, was in substance the successful party, having established substantial entitlement to variations and retaining the bulk of the amount paid by the defendant, Canterbury-Bankstown Council, under the Building and Construction Industry Security of Payment Act 1999 (NSW). As such, costs should follow the event and the defendant is ordered to pay the plaintiff's costs on an ordinary basis. No basis for indemnity costs or a stay of repayment was established.

Court Disposition

Defendant to pay the plaintiff's costs; ancillary orders regarding interest and delivery of security.

Orders

  • ["The defendant pay the plaintiff's costs of the proceedings (including in respect of the Cross-Summons) on the ordinary basis." "The defendant to pay interest on the plaintiff's costs from the date the costs were incurred at the rate as set out in r 36.7 of the Uniform Civil Procedure Rules 2005 (NSW)." "Within 72...