Georges v Ozz Projects (Aust) Pty Ltd [2021] NSWCATCD 104

Georges v Ozz Projects (Aust) Pty Ltd [2021] NSWCATCD 104

Applicant was partly successful on contractual issues and delay, but not on the quantum claimed. Costs should be apportioned to reflect partial success, respondent's responsibility for delays, and principles of fairness in proceedings exceeding $30,000. Therefore, respondent is ordered to pay 60% of applicant's costs.

Jurisdiction
Australia
Judgment Date
01 October 2021
Procedural Posture
Costs Application, Consumer Claim / Post Judgment Costs Determination
Outcome
Costs partially awarded to applicant; respondent's costs application dismissed.
Legal Topics
['costs' 'apportionment of Costs' 'contract Disputes']
['civil Procedure'] ['costs' 'apportionment of Costs' 'contract Disputes']

Case Brief

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Procedural Posture

Costs Application, Consumer Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Should the respondent be ordered to pay the applicant's costs, and in what proportion?" 'Does rule 38 of the CAT Rules govern the award of costs in this case?' 'Was delay in proceedings attributable to either party relevant to costs?' 'Should costs reflect the partial success of the applicant?']

Ratio Decidendi

Applicant was partly successful on contractual issues and delay, but not on the quantum claimed. Costs should be apportioned to reflect partial success, respondent's responsibility for delays, and principles of fairness in proceedings exceeding $30,000. Therefore, respondent is ordered to pay 60% of applicant's costs.

Court Disposition

Costs partially awarded to applicant; respondent's costs application dismissed.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, determination on the papers without hearing.' "Respondent Ozz Projects (AUST) Pty Ltd to pay 60% of applicant's costs, as agreed or assessed." "Respondent's application for costs dismissed."]