The Owners – Strata Plan 89041 v Galyan Pty Ltd (No 2) [2019] NSWSC 788

The Owners – Strata Plan 89041 v Galyan Pty Ltd (No 2) [2019] NSWSC 788

Clause 4 of the Heads of Agreement regarding equal sharing of referee costs was interim only, and subject to clause 19 and final determination of costs. The Builder is liable for the Owners Corporation’s costs of proceedings, including references to referees, as part of final costs allocation.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Equity Technology and Construction List / Cost Determination Following Principal Judgment
Outcome
Plaintiff awarded costs
Legal Topics
['construction of Heads of Agreement Concerning Costs' 'sharing of Expert Referee Costs' 'effect of Prior Concessions and Orders']
['costs'] ['construction of Heads of Agreement Concerning Costs' 'sharing of Expert Referee Costs' 'effect of Prior Concessions and Orders']

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Procedural Posture

Equity Technology and Construction List / Cost Determination Following Principal Judgment

Legal Issues

  1. 1 ['Whether the agreement to share equally the costs of referees was subject to the agreement as to how costs of the proceedings were to be resolved' 'Proper construction of clauses 4, 18, and 19 of the Heads of Agreement' 'Whether costs of expert determination are included in the final costs order']

Ratio Decidendi

Clause 4 of the Heads of Agreement regarding equal sharing of referee costs was interim only, and subject to clause 19 and final determination of costs. The Builder is liable for the Owners Corporation’s costs of proceedings, including references to referees, as part of final costs allocation.

Court Disposition

Plaintiff awarded costs

Orders

  • ['Builder to pay Owners Corporation costs of proceedings up to and including 20 June 2019, including costs of references to Ms Grey and Mr Quaglia and costs of application the subject of prior judgment, on the ordinary basis, as agreed or assessed.' 'Costs to be paid within 28 days of service of Certificate of...