The Owners — Strata Plan No. 94514 v Bright Built Pty Ltd and Saade Construction Pty Ltd and Saade Construction Group Pty Ltd [2020] NSWCATCD 4

The Owners — Strata Plan No. 94514 v Bright Built Pty Ltd and Saade Construction Pty Ltd and Saade Construction Group Pty Ltd [2020] NSWCATCD 4

The first and third respondents are to pay the applicant's costs of the proceedings; no costs order is made in favour of or against the second respondent, as no separate costs can be established and their inclusion in the proceedings was inadvertent and not substantive.

Parties
Applicant: The Owners — Strata Plan No. 94514; First Respondent: Bright Built Pty Ltd; Second Respondent: Saade Constructions Pty Ltd; Third Respondent: Saade Construction Group Pty Ltd
Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Home Building Costs Application / Post Final Orders (costs Determination)
Outcome
Costs orders in favour of applicant against first and third respondents; no costs order in favour of or against second respondent.
Legal Topics
Costs, Home Building, Settlement Offers, Calderbank Offers
Civil Procedure Costs Home Building Settlement Offers Calderbank Offers

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Parties

The Owners — Strata Plan No. 94514

Applicant

Bright Built Pty Ltd

First Respondent

Saade Constructions Pty Ltd

Second Respondent

Saade Construction Group Pty Ltd

Third Respondent

Procedural Posture

Home Building Costs Application / Post Final Orders (costs Determination)

Legal Issues

  1. 1 Whether costs should be awarded to applicant against first and third respondents
  2. 2 Whether a costs order should be made in favour of or against second respondent
  3. 3 Reasonableness of settlement offers (Deed of Settlement and Calderbank offer)

Ratio Decidendi

The first and third respondents are to pay the applicant's costs of the proceedings; no costs order is made in favour of or against the second respondent, as no separate costs can be established and their inclusion in the proceedings was inadvertent and not substantive.

Court Disposition

Costs orders in favour of applicant against first and third respondents; no costs order in favour of or against second respondent.

Orders

  • The First and Third Respondents pay the Applicant's costs of the proceedings.
  • No costs order in favour of or against the Second Respondent.