| The New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd (NSWSC) - costs - first defendant did not obtain relief originally sought - both parties’ conduct opportunistic but no ‘misconduct’ - costs to follow event |
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| Barry Toomey QC with Ian Benson on Causation |
| Queen's Counsel Barry Toomey discusses causation in tort in light of the High Court case of Strong v Woolworths |
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| Summaries With Link (Five Minute Read) |
The New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd [2015] NSWSC 1401
Supreme Court of New South Wales
Stevenson J
Costs - Court concluded first defendant’s service of payment claim contravened s13(5) Building and Construction Industry Security of Payment Act 1999 (NSW) and was invalid - despite first defendant’s volte face and conclusion first defendant opportunistically approbated and reprobated, Court ultimately concluded it should grant first defendant relief sought - Court also rejected plaintiff’s case for damages - determination of costs - held: first defendant had not obtained relief it originally sought - first defendant’s conduct constituted reason that costs should not necessarily follow the event - both parties had correctly accused the other of opportunism - Court not persuaded that either party’s conduct was ‘misconduct’ - Court concluded that costs should follow event.
Probuild
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