The Craftsmen Restoration & Renovations Pty Ltd v Boland (No 2) [2011] NSWCA 221

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Craftsmen Restoration & Renovations Pty Ltd v Boland (No 2) [2011] NSWCA 221 Hearing dates: On the papers Decision date: 01 August 2011 Before: Allsop P at 1; Basten JA at 1; Sackville AJA at 1 Decision: (1) The Court should vary the orders made on 8 June 2011 to read: "(2) (d) order that the owners pay 25% of the builder's costs of the proceedings in the Common Law Division. (5) Order the owners to pay the builder's costs of the proceedings in this Court, on the usual basis up to and including 11 May 2011 and thereafter on an indemnity basis." (2) Grant the owners a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs payable by them to the builder in the Common Law Division and in respect of the builder's appeal to this Court. (3) Direct that the Registrar enter the above orders forthwith. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - appeal - costs before primary judge - exception to rule that costs follow the event - failure of both sides to recognise the limited nature of the appeal.

COSTS - costs of appeal following offers of compromise - claim for indemnity costs on appeal leading to remittal - reasonableness of the offers of compromise - not accepted - likely outcome on remittal in respect of parties' liability. Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67 Cases Cited: The Craftsmen Restoration & Renovations Pty Ltd v Boland [2011] NSWCA 147 The Craftsmen Restoration & Renovations Pty Ltd v Boland [2009] NSWSC 82 Category: Procedural and other rulings Parties: The Craftsmen Restoration & Renovations Pty Ltd (Appellant)