Carbone v Fowler Homes Pty Ltd; Carbone v Fowler Homes Pty Ltd (No 2)

In proceedings brought by Matthew Carbone against Fowler Homes Pty Ltd, and a related appeal by Matthew Carbone, the New South Wales Court of Appeal, comprising Ward P, Leeming and Mitchelmore JJA, considered the appropriate orders following a partially successful appeal. The dispute concerned a judgment awarded to Matthew Carbone and the subsequent costs orders.

The Court was required to determine the extent to which the original District Court orders should be varied in light of the appeal’s outcome, specifically concerning the quantum of the judgment awarded to Matthew Carbone and the allocation of interest. Furthermore, the Court had to reconsider the costs orders made by both the District Court and this Court, given the partial success of the appeal.

The Court reasoned that the appeal had succeeded in increasing the judgment sum awarded to Matthew Carbone from $73,259 to $122,742.15. Consequently, it varied the District Court’s order to reflect this increased amount. The Court also exercised its discretion regarding interest, ordering that no interest would accrue if the judgment debt was paid within 28 days, but that interest would apply from the original judgment date if payment was delayed. The Court further set aside a specific District Court order relating to costs.

In relation to the costs of the appeal, the Court made no order, signifying that each party was to bear their own costs. However, the Court ordered that Fowler Homes was to pay Matthew Carbone’s costs in the District Court, excluding the costs associated with a specific reference. A separate notice of motion filed by Joe Carbone was dismissed.