Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd

The dispute between Corbett Court Pty Ltd and Quasar Constructions (NSW) Pty Ltd was brought before the court, with Corbett Court seeking recovery of interest on the final judgment. The plaintiff, Corbett Court, was successful in obtaining a final verdict against the defendant, Quasar Constructions, after a contested hearing on the adoption of a referee's report. The final verdict was the result of several adjustments, and Quasar Constructions had previously obtained more than it was ultimately entitled to by using the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW). The primary legal issues that the court had to address were the recoverability of interest on the final verdict and the appropriate allocation of costs.

The court considered the purpose of an interest award to be the proper compensation of the plaintiff for their practical loss. In assessing the recoverability of interest, the court took into account the various adjustments made to arrive at the final verdict. The court also examined the defendant's use of the Security of Payment Act to obtain more than it was entitled to. The court ultimately determined that interest should be awarded on the final verdict to ensure that the plaintiff was adequately compensated for their practical loss. Regarding costs, although Corbett Court was successful in obtaining the final verdict, the court decided that a departure from the usual rule that costs follow the event was warranted. This was due to the plaintiff being unsuccessful on various discrete issues and challenges to the referee's report.

The court ordered that interest be paid on the final verdict to Corbett Court, as it was necessary to properly compensate the plaintiff for their practical loss. Additionally, the court ruled that costs should be awarded to Corbett Court, but with a departure from the usual rule that costs follow the event. This decision reflected the fact that Corbett Court was unsuccessful on various discrete issues and challenges to the referee's report. The court's judgment ensures that the plaintiff receives adequate compensation for their practical loss and acknowledges the complexities involved in the case.