The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 31

The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 31

The applicant succeeded only on the deposit/excess claim and two small components of the statutory warranties claim, while failing entirely on the contract issue and in substance on the major issues that occupied the substantial part of the hearing. Applying the multiple-issue costs principles, justice between the parties required a costs order in favour of the respondent, reduced by 20% to reflect the applicant's limited success, so the applicant was ordered to pay 80% of the respondent's costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
03 April 2014
Procedural Posture
Costs Application / After Substantive Decision Dated 10 January 2014
Outcome
The applicant was ordered to pay 80% of the respondent's costs assessed on the ordinary basis.
Legal Topics
['costs Following the Event' 'multiple Issues in Proceedings' 'ordinary Basis Costs' 'settlement Offers' 'tribunal Costs Jurisdiction']
['costs' 'consumer and Commercial Law' 'building and Construction'] ['costs Following the Event' 'multiple Issues in Proceedings' 'ordinary Basis Costs' 'settlement Offers' 'tribunal Costs Jurisdiction']

Case Brief

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Procedural Posture

Costs Application / After Substantive Decision Dated 10 January 2014

Legal Issues

  1. 1 ['Whether the applicant, having obtained a money order in the substantive decision, should receive its costs or whether the respondent should receive its costs.' 'Whether the applicant achieved bottom line success in circumstances where it failed on the contract issue and substantially failed on the statutory warranties claim.' 'Whether the deposit/excess claim should be treated as a late amendment or as an issue always between the parties.' 'Whether the outcome of related settled proceedings should be considered in assessing costs.' 'Whether the applicant refused an offer more favourable than the result obtained so as to affect costs.']

Ratio Decidendi

The applicant succeeded only on the deposit/excess claim and two small components of the statutory warranties claim, while failing entirely on the contract issue and in substance on the major issues that occupied the substantial part of the hearing. Applying the multiple-issue costs principles, justice between the parties required a costs order in favour of the respondent, reduced by 20% to reflect the applicant's limited success, so the applicant was ordered to pay 80% of the respondent's costs on the ordinary basis.

Court Disposition

The applicant was ordered to pay 80% of the respondent's costs assessed on the ordinary basis.

Orders

  • ["The applicant is to pay 80% of the respondent's costs assessed on the ordinary basis."]