Lawrence v Ciantar; Ciantar v Lawrence (No 2) [2019] NSWSC 722

Supreme Court New South Wales

Medium Neutral Citation: Lawrence v Ciantar; Ciantar v Lawrence (No 2) [2019] NSWSC 722 Hearing dates: On the papers Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Declare that, on the proper construction of the agreement comprised of the 24 October 2014 letter, the 12 November 2014 letter and oral terms, for works to be undertaken at 5 Angophora Crescent, Forestville NSW being Lot 2584 in DP752038 (together the Agreement), the cross-defendant bore the obligation of completing the building works the subject of the development application that was current at that time. (2) Declare that the Agreement between the parties is a Building Contract for the purposes of the Home Building Act 1989. (3) Declare that the cross-claimants validly terminated the Agreement. (4) Declare that any interest in the Property which was purported to be given to the Plaintiff by the Defendants pursuant to the Agreement is void pursuant to the provisions of section 7D of the Home Building Act 1989. (5) Order the Registrar General to remove caveat AJ221912 registered over the property being Lot 2584 in DP752038 forthwith. (6) Vary the costs order made on 26 April 2019 in these proceedings and order the plaintiff to pay the defendants' costs of the proceedings on an ordinary basis up to 21 June 2018 and, thereafter, on an indemnity basis. Catchwords: COSTS – indemnity costs – whether first offer of settlement effective as a Calderbank offer – whether unreasonable to not accept – indemnity costs awarded from date of second offer