Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) (No 2) [2021] NSWCA 35

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) (No 2) [2021] NSWCA 35 Hearing dates: On the papers (Submissions 9 October 2020) Date of orders: 18 March 2021 Decision date: 18 March 2021 Before: Gleeson JA at [1]; McCallum JA at [2]; Emmett AJA at [3] Decision: Order that: 1. The Appellants, within 14 days from the date of these reasons, file and serve Short Minutes of Orders giving effect to these reasons. 2. If there is any dispute as to the appropriate orders, the parties have leave to apply for the purpose of resolving any dispute. 3. Reserve to the parties liberty to apply in the event that any party contends that it is necessary to take into account the settlement sums received by the Appellants. Catchwords: TORTS — negligence — apportionment of responsibility and damages — adjustment to reflect concurrent wrongdoing by entity not party to proceeding COSTS — party/party — general rule that costs follow the event — application of the rule and discretion — where appellant partially successful in appeal involving multiple parties — reduction commensurate with hearing time spent on successful aspects of appeal COSTS — party/party — orders when proceedings involve multiple parties on appeal — allegations of concurrent wrongdoing by respondents — appeal successful against one respondent but not against another — appellant did not pursue concurrent wrongdoing allegations at hearing — whether appellant's costs in respect of the successful respondent should be ordered against the unsuccessful respondents Legislation Cited: Civil Liability Act 2002 (NSW), Pt 4, ss 34, 35 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 5, 6 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Cases Cited: Council of the City of Liverpool v Turano (No 2) [2009] NSWCA 176 Kerr v Australian Executor Trustees (SA) Ltd [2019] NSWSC 1438 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492; [1985] HCA 34 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No. 30791 (First Appellant) Albert Bonansea and Ivana Bonansea (Second Appellant) Angus John Nicholas Brooks (Third Appellant) Julius Wolfgang (Fourth Appellant) Roslyn Bainton (Fifth Appellant) Michelle Anne Carruthers (Sixth Appellant) Alison Jean Pate (Seventh Appellant) Vanessa Claire Winley (Eighth Appellant) Southern Cross Constructions (ACT) Pty Ltd (ACN 111 121 450) (in liquidation) (First Respondent) Allianz Australia Insurance Limited (ACN 000 122 850) (Second Respondent) Hughes Trueman Pty Ltd (ACN 003 330 783) (Third Respondent) Representation: Counsel: B Walker SC with A Oakes (Appellants) A Moses SC with S Blackman (First and Second Respondents) D Hand (Third Respondent)