McNab NQ Pty Ltd v Walkrete Pty Ltd

[2013] QSC 144

[2013] QSC 144

SUPREME COURT OF QUEENSLAND

CHIEF JUSTICE

SC No 637 of 2013

McNAB NQ PTY LTD (ACN 126 974 561)  Applicant

v

WALKRETE PTY LTD (ACN 135 791 963)  First Respondent

and

RICS AUSTRALASIA PTY LTD (ACN 089 873 067)   Second Respondent

and

John TUHTAN   Third Respondent

BRISBANE

DATE 04/06/2013

JUDGMENT AS TO COSTS

1. CHIEF JUSTICE: This ruling concerns the costs reserved on 17 May 2013.  My provisional view was that Walkrete should pay McNab’s standard costs (paras 34, 38 order 7).

2. On 19 March 2013, McNab offered to settle all claims on a basis more favourable to Walkrete than the position established by the judgment.

3. Mr Arthur raises the release from “all claims (contingent or prospective)” in respect of the claim for payment.  My finding that McNab effectively terminated the sub-contract would appear to exclude such claims, or at least leave them speculative, as Mr Thomson submits.

4. Subtleties aside, the usual position should therefore obtain.

5. I order that the first respondent pay the applicants’ costs of and incidental to the proceeding, including reserved costs:

(a)        up to and including 27 March 2013 assessed on the standard basis;

(b)        thereafter assessed on the indemnity basis.

1. (I have selected 26 March on the basis Walkrete should reasonably have been allowed a week to consider the matter.)

1. Walkrete contends it did not contribute to what I have found to have been the adjudicator’s error in law (para 9 of Mr Arthur’s submission). I am prepared to accept that. I have granted an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973. I attach the signed certificate.