Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 4) [2022] NSWDC 599

District Court New South Wales

Medium Neutral Citation: Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 4) [2022] NSWDC 599 Hearing dates: On the papers in chambers (Close of submissions: 1 December 2022) Date of orders: 2 December 2022 Decision date: 02 December 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [29] for orders Catchwords: COSTS – determination of claim for indemnity costs of claim, cross-claim and cost of Referee's report – litigation delinquency Legislation Cited: Civil Procedure Act 2005 (NSW), s 58(2), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), r 20.26 Cases Cited: Calderbank v Calderbank [1975] 3 AER 333 Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 3) [2022] NSWDC 565 Gray v Richards (No 2) [2014] HCA 37 Gretton v Commonwealth of Australia [2007] NSWSC 149 Jones v Bradley (No 2) [2003] NSWCA 258 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council [2000] NSWCA 323 Windsurfing International Inc v Petit (1987) AIPC 90-441 Category: Costs Parties: Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services (Plaintiff/Cross-defendant) Nationwide Builders Pty Ltd (Defendant/Cross-claimant) Representation: Counsel: Mr S Philips (Plaintiff/Cross-defendant) Ms N Dewan (Defendant/Cross-claimant)