C&V Engineering v Metropolitan (No.3) [2022] NSWDC 421

District Court New South Wales

Medium Neutral Citation: C&V Engineering v Metropolitan (No.3) [2022] NSWDC 421 Hearing dates: On the papers Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 38 Catchwords: JUDGMENTS AND ORDERS – narrow disputes following referee's report on quantum of one of the plaintiff's claims COSTS – whether costs should be apportioned on issue-by-issue basis Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98, 100 Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.15, 42.15A, 42.2 Cases Cited: C & V Engineering Pty Ltd v Metropolitan Demolitions Pty Ltd [2022] NSWDC 154 Calderbank v Calderbank (1975) 3 All ER 333 Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) (No 2) [2021] NSWSC 1161 Masters in Building Training Pty Ltd v State of New South Wales (No 2) [2022] NSWSC 697 Texts Cited: Nil Category: Costs Parties: C&V Engineering Services Pty Ltd (plaintiff) Metropolitan Demolitions Pty Limited (defendant) Representation: Counsel: Mr D Weinberger for the plaintiff Mr M Sheldon for the defendant

Solicitors: Bradbury Legal for the plaintiff Vincent Young Lawyers for the defendant File Number(s): 2021/00108258 Publication restriction: Nil

REASONS FOR Judgment 1. The principal judgment in this matter was delivered on 12 May 2022. Reasons were published on Caselaw [1] . The issue of quantum of the plaintiff's successful claim for damages for breach of contract in respect to works on Building B was referred out. On 25 May 2022, directions were made for the reference, as well as a timetable for remaining issues, including costs. 2. The referee reported on 19 August 2022. Following the report, subject to a narrow dispute, the parties agreed that the report should be adopted. That then left arguments about interest and costs. 3. The parties were content that that these remaining disputes be determined on the papers after the parties served written submissions and supplementary evidence.