The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) (No 3) [2019] NSWSC 560

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) (No 3) [2019] NSWSC 560 Hearing dates: 13 May 2019 Decision date: 16 May 2019 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Costs of the reference to be costs in the cause. Plaintiffs to pay first and third defendants' costs on the ordinary basis to 31 July 2018 and on an indemnity basis from 1 August 2018. Plaintiffs to pay sixth defendants' costs on the ordinary basis. Plaintiffs to pay interest on costs. Catchwords: COSTS – party/party – general rule that costs follow the event – where quantum determined by referee prior to hearing on liability – where plaintiffs unsuccessful at hearing on liability – whether successful defendants should pay plaintiffs' costs of the reference – whether successful defendants' costs should include costs of the reference

COSTS – party/party – bases of quantification – indemnity basis – whether defendants entitled to indemnity costs by reason of offers of compromise

COSTS – party/party – interest on costs – whether there should be interest on costs Legislation Cited: Civil Procedure Act 2005 (NSW) Federal Court Rules 2011 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Automotive Holdings Group Ltd v Prime Constructions Australia Pty Ltd (No 2) [2019] NSWSC 315 Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 Commonwealth of Australia v Gretton [2008] NSWCA 117 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 Drummond & Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd (No 2) [2019] FCAFC 73 Jones v Bradley (No 2) [2003] NSWCA 258 Ku-ring-gai Council v Chan (No 2) [2018] NSWCA 73 Lahoud v Lahoud [2006] NSWSC 126 Leach v The Nominal Defendant (QBE (Australia) Ltd) (No 2) [2014] NSWCA 391 Leichhardt Municipal Council v Green [2004] NSWCA 341 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) [2019] NSWSC 299 The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) (No 2) [2019] NSWSC 440 Texts Cited: Dal Pont, Law of Costs (3rd ed, 2013, LexisNexis) Category: Costs Parties: The Owners – Strata Plan 30791 (First Plaintiff) Albert Bonansea and Ivana Bonansea (Second Plaintiff) Angus John Nicholas Brooks (Third Plaintiff) Julius Wolfgang (Fourth Plaintiff) Roslyn Bainton (Fifth Plaintiff) Michelle Anne Carruthers (Sixth Plaintiff) Alison Pate (Seventh Plaintiff) Vanessa Winley (Eighth Plaintiff) Southern Cross Constructions (ACT) Pty Limited (in liquidation) (First Defendant) Pile & Bucket Pty Limited (Second Defendant) Allianz Australia Insurance Limited (Third Defendant) Northwood Pty Limited (Fourth Defendant) Jeffery and Katauskas Pty Limited (Fifth Defendant) Hughes Trueman Pty Limited (Sixth Defendant) NMK (Aust) Pty Limited (Seventh Defendant) QBE Underwriting Limited as Managing Agent for the Members of Lloyd's Syndicate 386 (Eighth Defendant) Representation: Counsel: R A Cavanagh SC (First and Third Defendants) D Hand (Sixth Defendant)