The Owners – Strata Plan 89041 v Galyan Pty Ltd [2019] NSWSC 619

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 89041 v Galyan Pty Ltd [2019] NSWSC 619 Hearing dates: 12 April and 17 May 2019 Decision date: 28 May 2019 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defendants to pay plaintiff's costs Catchwords: COSTS – party/party – general rule that costs follow the event – building dispute – allegedly defective building work – whole dispute referred to referee – referee's report adopted – agreement that defendants pay plaintiff's costs unless defendants can show it was unreasonable for plaintiff not to allow defendants to effect repairs

BUILDING AND CONSTRUCTION – costs – whether it was unreasonable for plaintiff not to allow defendant back in to effect repairs Legislation Cited: Home Building Act 1989 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Hasell v Bagot Shakes & Lewis Ltd (1911) 13 CLR 374; [1911] HCA 62 Owners Strata Plan 78465 v MD Constructions Pty Ltd [2016] NSWSC 162 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Category: Costs Parties: The Owners – Strata Plan 89041 (Plaintiff) Galyan Pty Ltd (First Defendant) ACH Clifford Pty Ltd (Second Defendant) Representation: Counsel: F Corsaro SC with R A Jedrzejczyk (Plaintiff) M G Rudge SC with R Freeman (Defendants)