PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 Hearing dates: 16/06/2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Before: McColl JA [1]; Gleeson JA [2]; McDougall J [3] Decision: (1) Notice of appeal dismissed with costs. (2) On the cross-appeal: (a) Set aside the costs orders made by the primary judge; (b) In place of those orders, order the appellant to pay the respondent's costs of the proceedings below; and (c) Make no order as to the costs of the cross-appeal. Catchwords: CIVIL PROCEDURE – appeals – where new issues raised for the first time on appeal – CONTRACTS – damages – whether respondent entitled to recover cost of the management time spent by its employees in dealing with the appellant's defective work – CIVIL PROCEDURE – appeals – costs – whether primary judge's discretion miscarried Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 House v The King (1936) 55 CLR 499 Orlit Pty Ltd v JF&P Consulting Engineers Pty Ltd [1993] QCA 277 Orlit Pty Ltd v JF&P Consulting Engineering Pty Ltd (1995) 11 BCL 260 Tabcorp Holding Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Waters v PC Henderson (Aust) Pty Ltd (1994) 254 ALR 328 Category: Principal judgment Parties: PND Civil Group Pty Ltd (Appellant) Bastow Civil Constructions Pty Ltd (Respondent) Representation: Counsel: DP O'Connor / F Bustos-McNeil (Appellant) G McNally SC / D Stewart (Respondent)