Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 5) [2021] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 5) [2021] NSWSC 710 Hearing dates: On the papers Decision date: 17 June 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defendant to pay the plaintiff's costs Catchwords: COSTS – where plaintiff sought payment for variations – where defendant had made payment to plaintiff on account of variations following an adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) – where plaintiff sought damages for variations in amount exceeding amount so paid – where plaintiff established entitlement to variations less than amount so paid – where costs should follow the event – whether plaintiff in substance successful Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404 Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 3) [2021] NSWSC 464 Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 4) [2021] NSWSC 558 Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Windsurfing International Inc. v Petit (1987) AIPC 90-441 Category: Costs Parties: Payce Communities Pty Ltd (Plaintiff) Canterbury-Bankstown Council (Defendant) Representation: Counsel: D T Miller SC with M Sheldon (Plaintiff) B DeBuse with J E F Brown (Defendant)