Kennedy Civil Contracting Pty Ltd (Subject to a Deed of Company Arrangement) v Total Construction Pty Ltd (No.2) [2023] NSWDC 403

District Court New South Wales

Medium Neutral Citation: Kennedy Civil Contracting Pty Ltd (Subject to a Deed of Company Arrangement) v Total Construction Pty Ltd (No.2) [2023] NSWDC 403 Hearing dates: On the papers Date of orders: 3 October 2023 Decision date: 03 October 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 49 Catchwords: COSTS – building and engineering contracts – dispute whether a valid payment claim was served – successful sub-contractor's application for partial indemnity costs based on contractor's rejection of a rules offer – whether the judgment was no less favourable than the terms of the offer satisfied – Uniform Civil Procedure Rules 2005 (NSW), r 42.14 COSTS – subcontractor's application for gross sum costs order – Civil Procedure Act 2005 (NSW), s 98(4)(c) Legislation Cited: Building and Construction Industry (Security of Payment) Act 1999 (NSW) Civil Procedure Act 2005 (NSW) s 59 Uniform Civil Procedure Rules 2005 (NSW) r 14.14, r 20.26, r 42.14 Cases Cited: Beach Petroleum NL & Claremont NL v Johnson (No.2) (1995) 57 FCR 119 Bechara (t/as Bechara & Company) v Bates [2016] NSWCA 294 Maylord Equity Management Pty Ltd v Nauer (No.2) [2017] NSWSC 1467 Morgan v Johnson (1998) 44 NSWLR 578 at 581 Style Timber Floor Pty Ltd v Krivosudsky (2019) 100 NSWLR 193 Tim Barr Pty Ltd v Nauri Gold Coast Pty Ltd [2011] NSWSC 11 Texts Cited: Nil Category: Costs Parties: Kennedy Civil Contracting Pty Ltd (subject to a Deed of Company Arrangement) (plaintiff) Total Construction Pty Ltd (defendant) Representation: Counsel: Dr AJ Greinke with Mr P Hick for the plaintiff Mr D Weinberger for the defendant