Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq); Yazbek v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq); Fitz Jersey Pty Ltd v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq) [2022] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq); Yazbek v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq); Fitz Jersey Pty Ltd v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq) [2022] NSWSC 772 Hearing dates: On the papers; submissions received 23 May and 6 June 2022 Decision date: 10 June 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defendants to pay 80% of Fitz Jersey's costs of the 2017 Proceedings on the ordinary basis up to and including 15 December 2020 and on an indemnity basis from 16 December 2020. Fitz Jersey to pay 80% of the plaintiffs' costs in the 2019 Proceedings. Fitz Jersey to pay the second and third defendants' costs of the 2020 Proceedings. Catchwords: COSTS – three proceedings heard together – plaintiff in main proceedings substantially successful in relation to all claims other than its building contract claims – plaintiff had limited success in relation to building contract claims – offers of compromise – whether the offers complied with the Uniform Civil Procedure Rules 2005 (NSW) – whether the offers involved substantial compromise Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq); Yazbek v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq); Fitz Jersey Pty Ltd v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq) [2021] NSWSC 1692 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq); Yazbek v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq); Fitz Jersey Pty Ltd v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq) [2022] NSWSC 394 Jones v Bradley (No 2) [2003] NSWCA 258 Miwa v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Scripture Union v Prime Industrial Pty Ltd [2006] NSWSC 38 Category: Costs Parties: In proceedings 2017/11963: Fitz Jersey Pty Ltd (Plaintiff) Atlas Construction Group Pty Ltd (in liq) (First Defendant) Robert Yazbek (Second Defendant) Kebzay Pty Ltd (Third Defendant) Botany Road Project Pty Ltd (Fourth Defendant) Scott Sweeney (Fifth Defendant) Sweenham Pty Ltd (Sixth Defendant) Annette Yazbek (Seventh Defendant) Kebzay Custodian No. 2 Pty Ltd (Eighth Defendant) Castlefield Corner Pty Ltd (Ninth Defendant) 620 Botany Road Pty Ltd (Tenth Defendant)