Owners Strata Plan 73162 -v- Dyldam Developments Pty Limited [2014] NSWSC 1789

Supreme Court New South Wales

Medium Neutral Citation: Owners Strata Plan 73162 -v- Dyldam Developments Pty Limited [2014] NSWSC 1789 Hearing dates: 10 November 2014 Decision date: 15 December 2014 Jurisdiction: Equity Division - Technology and Construction List Before: Nicholas AJ Decision: First defendant pay plaintiffs' costs on and from 15 June 2013. First defendant pay interest on plaintiffs' costs on and from 26 July 2013 Catchwords: COSTS - damages claim against builder for rectification of defective works - proceedings settled prior to hearing - competing claims for costs - whether conduct of builder in failing to agree to owner's proposal for settlement was reasonable - whether settlement a compromise or capitulation by builder - whether costs orders should be made - turns on facts - no question of general principle Legislation Cited: Civil Procedure Act (2005) NSW Home Building Act 1989 (NSW) Cases Cited: ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Owners - Strata Plan No. 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No.2) [2013] NSWCA 211; [2013] 84 NSW LR 436 Texts Cited: Keating On Construction Contracts: 8th Edition Category: Principal judgment Parties: The Owners Strata Plan No. 73162 - First Plaintiff The Owners Strata Plan No. 73163 - Second Plaintiff Dyldam Developments Pty Limited ACN 003408008 - First Defendant Representation: Counsel: M. Ashhurst SC - Plaintiffs S. Goldstein - Defendant Solicitors: Bannermans Lawyers - First and Second Plaintiffs Adrian Batterby Lawyer - First Defendant File Number(s): 2010/411240