Michael Kuehn & Jennifer Kuehn v Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd - Costs [2020] NSWSC 1130

Supreme Court New South Wales

Medium Neutral Citation: Michael Kuehn & Jennifer Kuehn v Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd - Costs [2020] NSWSC 1130 Hearing dates: On the papers Decision date: 25 August 2020 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: (1) The proceedings against the second defendant, third defendant and fourth defendant are dismissed. (2) The first defendant is to pay the plaintiffs' costs of the first defendant's motion filed 15 May 2020. (3) The plaintiffs are to pay the costs of the second defendant, third defendant and fourth defendant of the proceedings, excluding the costs of the first defendant's motion filed 15 May 2020 and the fourth defendant's motion filed 21 July 2020, to the intent that as against each other, each of these parties will bear their own. (4) Nothing in these orders affects the costs order made by the Court on 27 July 2020. (5) The proceedings transferred to the NSW Civil and Administrative Tribunal. Catchwords: COSTS – Multi-party contest – No issue of principle. PROCEDURE – Damages case transferred to the Court from the NSW Civil and Administrative Tribunal (NCAT) because the first defendant argued that the proceedings had been compromised and that question was beyond NCAT's jurisdiction – After transfer, the plaintiffs joined their lawyers claiming damages – The Court determined that the proceedings had not been compromised and dismissed the claim against the lawyers – Proceedings remitted to NCAT. Cases Cited: Michael Kuehn & Jennifer Kuehn v Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd [2020] NSWSC 1049 Category: Costs Parties: Michael Kuehn – First Plaintiff Jennifer Kuehn – Second Plaintiff Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd – First Defendant MTV Legal Pty Ltd t/as MGV Lawyers – Second Defendant Michael Gerard Vitagliani – Third Defendant Erin Glover – Fourth Defendant Representation: Counsel: D Eardley – Plaintiffs A Horvath – First Defendant J Steele – Second & Third Defendants A Zahra – Fourth Defendant