Delt Constructions Pty Ltd ABN 49604204015 v Able Business Pty Ltd ACN 246456948 & Anor [2024] NSWDC 91

District Court New South Wales

Medium Neutral Citation: Delt Constructions Pty Ltd ABN 49604204015 v Able Business Pty Ltd ACN 246456948 & Anor [2024] NSWDC 91 Hearing dates: On the papers Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Civil Before: Acting Judge I Coleman SC Decision: (1) That each party to bear its own costs, including reserved costs, prior to 22 May 2023. (2) That the Defendants pay the Plaintiff's costs of and incidental to the proceedings as agreed or assessed on a party and party basis from 22 May 2023. (3) That the Defendants pay the Plaintiff's costs of this motion. Catchwords: COSTS – where plaintiff achieved overall success – whether presumption in favour of costs following the event should be departed from in whole or part Legislation Cited: Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth v Gretton [2008] NSWCA 117 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52; [2007] HCA 56 Holt v Wynter (2000) 49 NSWLR 128 McCusker v Rutter [2010] NSWCA 318 New South Wales v Stanley [2007] NSWCA 330 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Williams v Lewer (1974) 2 NSWLR 91 Category: Costs Parties: Plaintiff: Delt Constructions Pty Ltd ABN 49604204015 First Defendant: Able Business Pty Ltd ACN 246456948 Second Defendant: Chung Sheng Lu Representation: Counsel: Plaintiff: Mr A Joseph Defendant: Mr P Bolster