Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33 Hearing dates: 26 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Before: Payne JA Decision: (1) The sum of $314,504.72 paid into Court on 6 January 2017, pursuant to the orders of Basten JA dated 23 December 2016, including any interest accrued thereon, be paid out to Shade Systems Pty Ltd.

(2) Probuild Constructions (Aust) Pty Ltd must pay the costs of the 15 February 2018 motion filed by Shade Systems Pty Ltd.

(3) The 15 February 2018 motion filed by Probuild Constructions (Aust) Pty Ltd is dismissed with costs.

(4) In relation to the whether the costs of either motion dated 15 February should be ordered to be paid on a lump sum basis, direct that:

(a) Shade Systems Pty Ltd and the Third to Sixteenth Respondents to file any further evidence or submissions (limited to five pages) by 4pm on 2 March 2018;

(b) Probuild Constructions (Aust) Pty Ltd to file any further evidence or submissions (limited to five pages) by 4pm on 9 March 2018;

(c) Shade Systems Pty Ltd and the Third to Sixteenth Respondents to file submissions in reply (limited to 2 pages) by 4pm on 12 March 2018; and

(d) the question of costs be determined on the papers.

(5) In relation to the motion dated 14 February 2018 filed by Probuild Constructions (Aust) Pty Ltd, direct that:

(a) Probuild Constructions (Aust) Pty Ltd file any evidence together with submissions on the motion (limited to five pages) by 4pm on 2 March 2018;