Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 3) [2022] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 3) [2022] NSWSC 1455 Hearing dates: On the papers; submissions received 14 and 21 October 2022 Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Cross-claimant's costs of application to amend its Technology and Construction Cross-Claim Cross-Summons and Cross-Claim List Statement to be cross-claimant's costs in the Cross-Claim; costs thrown away by the amendment to include any costs of revisiting existing evidence; such costs to be assessable and paid forthwith Catchwords: COSTS – where cross-claimant granted leave to amend its Technology and Construction Cross-Claim Cross-Summons and Cross-Claim List Statement – costs thrown away by the amendment – whether such costs should include any costs cross-defendant will incur in revisiting existing evidence – whether cross-defendant should pay costs of amendment application Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Cases Cited: Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 Category: Costs Parties: Boulus Constructions Pty Limited (Plaintiff/Cross-Defendant) Warrumbungle Shire Council (Defendant/Cross-Claimant) Representation: Counsel: G Campbell (Plaintiff/Cross-Defendant) D Feller SC with W Marshall (Defendant/Cross-Claimant)

Solicitors: APJ Law (Plaintiff/Cross-Defendant) Vincent Young Lawyers (Defendant/Cross-Claimant) File Number(s): 2018/340246