Geneville Constructions Pty Ltd v Leslight (No 3) [2019] NSWDC 404

District Court New South Wales

Medium Neutral Citation: Geneville Constructions Pty Ltd v Leslight (No 3) [2019] NSWDC 404 Hearing dates: 23 May 2019, 14 June 2019, 24 June 2019 (written submissions); 25 July 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The parties are to bring in agreed Short Minutes of Order within 14 days reflecting these reasons. (2) In the event that there is continued disagreement, each party should prepare orders it or he proposes with detailed calculations attached and with supporting written submissions of no more than five pages relating to the orders sought and serve such proposed orders and submissions on the legal representatives for the other party and the Associate to Dicker DCJ. (3) There be no order as to costs in relation to the applications before the court with the intent that each party should pay its or his own costs of such applications. (4) Liberty to apply within 14 days if a different costs order is sought to that in (3) above. Catchwords: Costs - building dispute - plaintiff successful on quantum meruit claim but not successful on contractual claim - whether there should be a costs order on discrete issues - Calderbank offer – whether there should be an indemnity costs order - appropriate costs order to be made

Interest - building dispute - whether interest should be ordered in relation to quantum merit claim - if so, from what date should interest be ordered Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 100, 101 Home Building Act 1989 (NSW), s 10 Uniform Civil Procedure Rules 2005, Part 42.1 Cases Cited: Baker v Towle [2008] NSWCA 73 Calderbank v Calderbank [1975] 3 All ER 333 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Geneville Constructions Pty Ltd v Leslight [2018] NSWDC 384 Geneville Constructions Pty Ltd v Leslight (No 2) [2019] NSWDC 172 Lahoud v Lahoud [2006] NSWSC 126 Leda Pty Ltd v Weerden (No 2) [2007] NSWCA 283 MPB (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Nadilo v Souris (No 2) [2019] NSWSC 246 Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51 Nu-Line Constructions Pty Ltd v Fowler [2014] NSWCA 51 Peet Ltd v Richmond [2011] VSCA 343 Perricoota Boat Club Investments Pty Ltd v Watson [2014] NSWSC 378 Phyllis Trading Ltd v 86 Lordship Road Ltd [2001] 2 EGLR 85 The Commonwealth of Australia v SCI Operations Pty Ltd (1998) 192 CLR 285 Tjiong v Tjiong (No 2) [2018] NSWSC 1981 Woollahra Municipal Council v Secure Parking Pty Ltd (No 2) [2015] NSWSC 452 Zhang v Harmstorf (No 2) [2019] NSWDC 116 Category: Principal judgment Parties: Geneville Constructions Pty Ltd (Plaintiff) Brett Barry Leslight (Defendant) Representation: Counsel: J Manner (Plaintiff) J A Darvall (Defendant)