J C Butko Engineering Pty Ltd v Talis Civil Pty Ltd (No 2) [2021] NSWDC 823

District Court New South Wales

Medium Neutral Citation: J C Butko Engineering Pty Ltd v Talis Civil Pty Ltd (No 2) [2021] NSWDC 823 Hearing dates: 10 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant's application is refused. (2) Confirm the orders made on 29 October 2021. (3) Order the defendant to pay the costs of the defendant's application to vacate and vary the costs order. Catchwords: COSTS – plaintiff successful in obtaining summary judgment on substantial part of its claim – parts of defence struck out – plaintiff awarded costs to date – costs follow the event – circumstances of partial success – discretion Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.1, r 42.7 Cases Cited: J C Butko Engineering Pty Ltd v Talis Civil Pty Ltd [2021] NSWDC 735 Category: Procedural rulings Parties: J C Butko Engineering Pty Ltd (plaintiff) Talis Civil Pty Ltd (defendant) Representation: Counsel: Mr J Dooley (plaintiff) Ms A Carr (defendant)

Solicitors: James G Sloan Lawyers (plaintiff) Moray & Agnew (defendant) File Number(s): 2021/00019703 Publication restriction: None

Judgment

Introduction 1. The defendant, Talis Civil Pty Ltd, applies pursuant to liberty granted on 29 October 2021 to vacate a costs order made in favour of the plaintiff, JC Butko Engineering Pty Ltd. Talis Civil seeks, in its place, a court order that there be no order as to the costs of the motion.