Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 123

Supreme Court New South Wales

Medium Neutral Citation: Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 123 Hearing dates: 26, 27 November 2020 and 20 January 2021 Decision date: 22 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs made. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Bicher & Son Pty Ltd [2020] NSWSC 878 - Re ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd; ICB Gait and Posture Clinic Pty Ltd; Foot Steps Orthotics Pty Limited [2019] NSWSC 174 Category: Costs Parties: Omar Sabouni (Second Plaintiff) Revelop Building and Developments Pty Ltd (Defendant) Representation: Counsel: Mr A R Vincent (Defendant)

Solicitors: O Sabouni (Plaintiff) (self-represented) HWL Ebsworth (Defendant) File Number(s): 2018/393550

Judgment

Background 1. On 2 February 2021, I delivered my judgment ([2021] NSWSC 31) in relation to these proceedings, which related to claims in respect of the construction of a childcare centre at Penrith in New South Wales. The Plaintiff, Mr Sabouni, failed in establishing his claim that he had accrued a right of payment to a second progress payment at the date of termination of the relevant contract. The Cross-Claimant, Revelop Building and Developments Pty Ltd ("RBD") failed to establish its Cross-Claim against Mr Sabouni. I observed, in paragraph ([47]) that: "My preliminary view is that, where each party has failed in establishing its claim for damages against the other, there should be no order as to costs, but I will allow the parties an opportunity to make written submissions as to that question. I direct the parties to bring in agreed short minutes of order to give effect to this judgment, including as to costs, within 14 days or, if there is no agreement between them, their respective draft orders and submissions, not exceeding 8 pages in one and a half spacing, as to the differences between them."