BCFK Holdings Pty Ltd v Rork Projects Pty Ltd (No 2) [2023] NSWSC 185

Supreme Court New South Wales

Medium Neutral Citation: BCFK Holdings Pty Ltd v Rork Projects Pty Ltd (No 2) [2023] NSWSC 185 Hearing dates: 24 February 2023 Decision date: 03 March 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: That there be no order as to costs Catchwords: COSTS – whether plaintiff should have its costs in circumstances where plaintiff successful but on a basis of a submission as to whether payment claim had been effectively served opposite to the position maintained at the time Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: A v The Governor of Arbour Hill Prison [2006] 4 IR 88 BCFK Holdings Pty Ltd v Rork Projects Pty Ltd [2022] NSWSC 1706 Cadder v Her Majesty's Advocate [2010] UKSC 43; [2010] 1 WLR 2601 Esso Australia Resources Australia Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67 Lazarus v Independent Commissioner Against Corruption (2017) 94 NSWLR 36; [2017] NSWCA 37 Piety Constructions Pty Ltd v Hville FCP Pty Ltd [2022] NSWSC 1318 Roberts v White [1999] NSWCA 12 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Category: Costs Parties: BCFK Holdings Pty Ltd (Plaintiff) Rork Projects Pty Ltd (First Defendant) Navid King (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: D S Weinberger (Plaintiff) F Corsaro SC (First Defendant)