In-Style Developments Pty Ltd v La & Anor (No.2)

[2022] NSWDC 690

District Court

New South Wales

Medium Neutral Citation:	In-Style Developments Pty Ltd v La & Anor (No.2) [2022] NSWDC 690
Hearing dates:	On the papers
Date of orders:	21 February 2022
Decision date:	21 February 2023
Jurisdiction:	Civil
Before:	Abadee DCJ
Decision:	See paragraph 9
Catchwords:	JUDGMENTS AND ORDERS – dispositive orders after delivery of reasons – no issue of principle
Legislation Cited:	Civil Procedure Act 2005 (NSW) s 100
Cases Cited:	In-Style Developments Pty Ltd v La & Anor [2023] NSWDC 23
Category:	Costs
Parties:	In-Style Developments Pty Ltd (plaintiff/cross-defendant) Xuan Dieu La (first defendant/cross-claimant) Thi Minh Dang (second defendant/cross-claimant)
Representation:	Mr J Frangieh (in person) for the plaintiff/cross-defendant Mr A Hourigan (Counsel) for the defendants/cross-claimants Sarvaas Ciappara Lawyers (Solicitors) for the defendants/cross-claimants
File Number(s):	2020/229654
Publication restriction:	Nil

REASONS FOR JUDGMENT

1. On 13 February 2022 I delivered my reasons for judgment in this proceeding (In-Style Developments Pty Ltd v La& Anor [2023] NSWDC 23) whilst standing over orders to allow the parties the opportunity to submit as to appropriate dispositive orders. The parties have since had the opportunity to confer (although the Court was informed that the plaintiff did not respond to the defendants’ suggested orders) and make submissions as to appropriate orders. The defendants provided submissions in accordance with the timetable directed. The plaintiff did not provide any submissions.

2. These short reasons presuppose the reader’s familiarity with my earlier judgment.

3. It will be recalled that in the hearing, the plaintiff withdrew its claims. The defendants/cross-claimants succeeded in their cross-claim. The quantum of the cross-claim was readily quantifiable having regard to my findings that the defendants were entitled to recover damages reflecting: (a) costs of completion of the construction works ($280,297.55); and (b) costs of rectification of works ($174,266.80).

4. Following on from those findings, the successful defendants/cross-claimants submitted that:

1. Judgments should be awarded to reflect those claims;

2. Interest should be added to the claims under s 100 of the Civil Procedure Act 2005 (NSW), which they quantified as $29,848.23 (for the claim of costs of completion) and $9,985.73 (for the claim of costs of rectification); and

3. Costs should follow the event and the defendants should receive an order for costs on the usual (ordinary) basis.

5. The defendants did not press the claim asserted in their closing final written submissions at hearing that there should be an order for interest on costs.

6. The defendants prepared short minutes of order to reflect these submissions.

7. As indicated, the plaintiff did not provide alternative orders or submissions in opposition to the defendants’ submissions.

8. The Court finds that the substance of the orders proposed by the defendants were unanswerable, although it is unnecessary to spell out the component parts of the judgment sums, and the discrete amounts for interest for the two claims.

9. The Court orders:

1. Judgment for the defendants/cross-claimants for the sum of $494,398.31.

2. The plaintiff is to pay the defendants/cross-claimants’ costs of the proceeding on the ordinary basis, as agreed or assessed.

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