Pritchard v DJZ Constructions Pty Ltd & Ors; Gilles & Anor v DJZ Constructions Pty Ltd & Ors (No 2) [2012] NSWCA 413

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pritchard v DJZ Constructions Pty Ltd & Ors; Gilles & Anor v DJZ Constructions Pty Ltd & Ors (No 2) [2012] NSWCA 413 Hearing dates: 21 and 22 February 2012 Decision date: 13 December 2012 Before: Bathurst CJ at [1]; Barrett JA at [50] Decision: In proceedings CA 269375 of 2005, order: 1 Appeal allowed in part. 2 Order 1 made by the primary judge on 9 March 2011 be set aside and, in place thereof, judgment be entered for the plaintiff against the first defendant, including interest, in the sum of $543,490. 3 Order 2 made by the primary judge on 9 March 2011 be set aside and, in place thereof, judgment be entered for the plaintiff against the second and third defendants, including interest, in the sum of $132,945. 4 Order 3 made by the primary judge on 9 March 2011 be set aside and, in place thereof, judgment be entered for the plaintiff against the fourth defendant, including interest, in the sum of $29,527. 5 Order 5 made by the primary judge on 9 March 2011 be set aside and, in place thereof, judgment be entered for the cross-claimant against the third cross-defendant. 6 Orders 13 and 14 made by the primary judge on 9 March 2011 be set aside. 7 Order that the third cross-defendant pay the cross-claimant's costs of the cross-claim so far as it relates to the claim against him. 8 Order that the fourth defendant pay the plaintiff's costs of the claim made against him as agreed or assessed. 9 The stay of judgment and orders in Orders 16, 17 and 18 made by the primary judge on 9 March 2011 be discharged. 10 Order that the appellant pay 50 percent of the first respondent's costs of the appeal. 11 Order the second and third respondents pay the appellant's costs of the appeal so far as those costs relate to the orders sought in Ground 8 of the Notice of Appeal. 12 Order the fourth respondent pay the appellant's costs of the appeal so far as those costs relate to the orders sought against him in Ground 9 of the Notice of Appeal. 13 Order that the cross-appellant pay the cross-respondent's costs of the appeal. In proceedings CA 269375-007 of 2005, order: 1 Appeal dismissed. 2 Order the appellant pay the first and second respondents' costs of the appeal. 3 No order as to costs of the other respondents. 4 The Court notes that the appellants reserve their right to make an application to the primary judge under r 36.17 of the Uniform Civil Procedure Rules for a variation of Order 11 made on 9 March 2011, by adding the words "up to the time that the first and second cross-defendants were joined as the second and third defendants to these proceedings". [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 - general rule that costs follow the event - trial costs - appeal costs.