The Owners – Strata Plan 93804 v Hamilton (No. 2) [2020] NSWCATCD 7

The Owners – Strata Plan 93804 v Hamilton (No. 2) [2020] NSWCATCD 7

As the applicant was the successful party, obtained advantageous remedies beyond those offered by the respondents, and none of the respondents' claims of disentitling conduct were made out, the Tribunal ordered the respondents to pay the applicant's costs on the ordinary basis under Rule 38, Civil and Administrative Tribunal Rules 2014, unconstrained by the need to find special circumstances.

Parties
Applicant: The Owners – Strata Plan 93804; First Respondent: Hamilton & Marino Builders Pty Limited; Second Respondent: H& M Constructions (NSW) Pty Limited; Third Respondent: Oriosis Garden Pty Limited
Jurisdiction
Australia
Judgment Date
06 February 2020
Procedural Posture
Application for Costs in Building Dispute / Post Consent Orders, Determination of Costs
Outcome
Orders for costs made in favour of applicant against all respondents.
Legal Topics
Disentitling Conduct, Offers of Settlement, Statutory Warranties, Award of Costs, Civil Procedure
Costs Building and Construction Law Disentitling Conduct Offers of Settlement Statutory Warranties Award of Costs Civil Procedure

Case Brief

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Parties

The Owners – Strata Plan 93804

Applicant

Hamilton & Marino Builders Pty Limited

First Respondent

H& M Constructions (NSW) Pty Limited

Second Respondent

Oriosis Garden Pty Limited

Third Respondent

Procedural Posture

Application for Costs in Building Dispute / Post Consent Orders, Determination of Costs

Legal Issues

  1. 1 Whether costs should be awarded to the applicant following consent orders in home building proceedings
  2. 2 Whether the respondents' disentitling conduct claims justify departure from the usual costs order
  3. 3 Whether any offers of settlement affect the determination of costs

Ratio Decidendi

As the applicant was the successful party, obtained advantageous remedies beyond those offered by the respondents, and none of the respondents' claims of disentitling conduct were made out, the Tribunal ordered the respondents to pay the applicant's costs on the ordinary basis under Rule 38, Civil and Administrative Tribunal Rules 2014, unconstrained by the need to find special circumstances.

Court Disposition

Orders for costs made in favour of applicant against all respondents.

Orders

  • A hearing on costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • Hamilton & Marino Builders Pty Limited, H& M Constructions (NSW) Pty Limited and Oriosis Garden Pty Limited must pay The Owners – Strata Plan 93804 costs of the proceedings on the ordinary basis, such costs if not agreed to be assessed as set out in the legal costs legislation as defined in section 3A of the Legal...