The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors (Costs) [2016] NSWSC 965

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors (Costs) [2016] NSWSC 965 Hearing dates: On the papers Date of orders: 13 July 2016 Decision date: 13 July 2016 Jurisdiction: Equity - Technology and Construction List Before: Bergin CJ in Eq Decision: Cross-defendant to pay the plaintiff and cross-claimant's costs of and incidental to the Notice of Motion for the determination of the separate questions and the hearing on 31 May 2016. Catchwords: COSTS – where separate questions ordered – where number of questions reduced to a single question at hearing – whether successful parties should have their costs – whether successful parties' costs should be reduced by reason of the reduction in the number of questions to be determined

SEPARATE QUESTIONS – expectation that the Court will be cautious – need for precise formulation of questions and agreed facts – prospect that the Court may decline to answer questions if inappropriate to do so Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 331 ALR 1 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Floruit Holdings Pty Ltd v Sebastian - Builders & Developers Pty Ltd [2009] NSWCA 411 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31 The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors [2016] NSWSC 832 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 Category: Costs Parties: The Owners - Strata Plan No 84741 (Plaintiff) Nazero Constructions Pty Limited (1st Defendant) Iris Diversified Property Pty Limited (2nd Defendant/Cross-Claimant) Wardy Younan (Cross-Defendant) Representation: Counsel: H Chiu (Plaintiff) A McGrath SC (2nd Defendant/Cross-Claimant) L Gor (Cross-Defendant)