Hutchison Construction Services Pty Ltd v Fogg (No 2) [2016] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hutchison Construction Services Pty Ltd v Fogg (No 2) [2016] NSWCA 190 Hearing dates: On the papers Decision date: 04 August 2016 Before: Beazley P; Meagher JA; Leeming JA Decision: 1. Set aside order 1 made on 10 June 2015 and in lieu thereof give judgment to Mr Fogg as against Hutchison Constructions Services Pty Ltd in the sum of $1,002,734.18.

2. Hutchison Constructions Services Pty Ltd to pay the costs of Mr Fogg and Les Quatre Musketeers Pty Ltd of the appeal.

3. No order as to the costs of the cross-appeal, with the intent that the parties bear their own costs of the cross-appeal.

4. Order that Mr Fogg pay the costs of Hutchison Construction Services Pty Ltd in respect of the application for costs of the appeal and cross-appeal. Catchwords: COSTS – limited success on cross-appeal – cross-appellant obtains larger judgment, but most grounds fail – no order as to costs of cross-appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Hutchison Construction Services Pty Ltd v Fogg; Fogg v Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast) [2016] NSWCA 135 Category: Costs Parties: Hutchison Construction Services Pty Ltd (Appellant/ First Cross Respondent) Mr Arthur Fogg (First Respondent/Cross Appellant) Les Quatre Musketeers Pty Ltd t/as Plastamasta South Coast (Second Respondent/Second Cross Respondent) Representation: Counsel: D Hooke SC, G Smith (Mr Arthur Fogg)