Manhattan Homes Pty Limited v Burnett

In the matter of *Manhattan Homes Pty Limited v Burnett*, the Court of Appeal of New South Wales considered appeals and cross-appeals arising from a judgment of Schmidt AJ concerning a plaintiff who suffered serious injuries on a building site. The primary dispute involved the calculation of damages and the allocation of costs between the parties, including Manhattan Homes Pty Ltd, Gary Burnett (the injured plaintiff), and Griswold’s Outdoor Xmas Pty Ltd.

The court was required to determine several legal issues, including whether a medical expense incurred after an award of damages could be claimed as an additional out-of-pocket expense, the application of rule 42.15A of the Uniform Civil Procedure Rules 2005 (NSW), and whether a differential costs order for the appeal was appropriate. The parties also disagreed on certain aspects of the final calculations anticipated by the appeal judgment.

The Court of Appeal set aside the orders of Schmidt AJ and entered new judgments. It found in favour of Gary Burnett for $1,689,268.75 and in favour of Griswold’s Outdoor Xmas Pty Ltd on a second cross-claim for $1,171,422.61. The court made detailed orders regarding the costs of the proceedings before Schmidt AJ, differentiating between the ordinary and indemnity bases depending on the date, and also allocated the costs of the appeal and cross-appeal between the parties, ordering Manhattan Homes Pty Ltd to pay a significant portion of Gary Burnett's appeal costs.