The Owners – Strata Plan No 68372 v Allianz Australia Insurance Limited (No 2) [2015] NSWSC 729

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 68372 v Allianz Australia Insurance Limited (No 2) [2015] NSWSC 729 Hearing dates: On the papers Decision date: 12 June 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Ball J Decision: (1) The first, second and third defendants pay the plaintiff's costs of and incidental to the hearing concerned with the adoption of the Referee's report dated 14 June 2014.

(2) The first defendant pay 50 percent of the plaintiff's costs of the proceedings (other than costs the subject of a specific order) assessed on the ordinary basis, save that the plaintiff is not to have the costs of reports served but not relied upon in the reference.

(3) The second defendant pay 20 percent of the plaintiff's costs of the proceedings (other than costs the subject of a specific order) assessed on the ordinary basis, save that the plaintiff is not to have the costs of reports served but not relied upon in the reference.

(4) The third defendant pay 90 percent of the plaintiff's costs of the proceedings (other than costs the subject of a specific order) assessed on the ordinary basis, save that the plaintiff is not to have the costs of reports served but not relied upon in the reference. Catchwords: PRACTICE AND PROCEDURE – Costs – Departing from the general rule – Late joinder of a defendant – Plaintiff's delay in conduct of proceedings – Claims that failed or were abandoned – Expert reports prepared but not relied on – Costs as between the defendants PRACTICE AND PROCEDURE – Costs – Interest on costs – Where plaintiff guilty of unexplained delays – Whether reasons for delay are relevant to question of whether interest on costs should be awarded Legislation Cited: Civil Liability Act 2002 (NSW) s 3 Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Chen v Chan [2009] VSCA 233 Commonwealth of Australia v Gretton [2008] NSWCA 117 Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2) [2014] NSWCA 142 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Grace v Grace (No 9) [2014] NSWSC 1239 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211; (2013) 84 NSWLR 436 JR Consulting & Drafting Pty Ltd v Cummings [2015] NSWSC 10 McMahon v John Fairfax Publications Pty Ltd (No 9) [2014] NSWSC 936 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Probiotec Ltd v University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Shang v Zhang (No 2) [2007] NSWSC 1355 Stumm v Dixon & Co (1889) 22 QBD 529 Sze Tu v Lowe (No 2) [2015] NSWCA 91 The Owners – Strata Plan 61162 v Lipman [2014] NSWSC 622 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Waters v PC Henderson (Australia) Pty Ltd [1994] NSWCA 338; (1994) 254 ALR 328 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Texts Cited: G E Dal Pont, Law of Costs (3rd ed, 2013, LexisNexis Butterworths) Category: Costs Parties: The Owners – Strata Plan No 68372 (Plaintiff) Allianz Australia Insurance Limited ACN 000 122 850 (First Defendant) Vero Insurance Limited ACN 005 297 807 (Second Defendant) GEO Developments Pty Limited ACN 010 621 226 (Third Defendant) Representation: Counsel: GP McNally SC with Ms A Knox (Plaintiff) HJA Neal (First Defendant) R O'Keefe (Second Defendant) M Henry SC with D A Hughes (Third Defendant)