Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd (No 2)

The appeal before the Court of Appeal of New South Wales concerned a dispute between Monaghan Surveyors Pty Ltd (appellants) and Stratford Glen-Avon Pty Ltd (respondent). The primary dispute revolved around the quantum of damages awarded in the District Court, with the appellants seeking to overturn or vary that judgment. A secondary issue related to the costs of both the appeal and the trial.

The Court was required to determine several legal issues. Firstly, it had to consider whether the District Court's judgment for damages in favour of the respondent was excessive and should be reduced. Secondly, the Court needed to assess the appellants' entitlement to costs of the appeal, particularly in light of a Calderbank offer they had made and whether they had achieved a better outcome on appeal than that offer. Finally, the Court was asked to consider the costs of the trial and whether the respondent's conduct warranted any interference with the original costs order.

The Court allowed the appeal in part, finding that the quantum of damages awarded by the District Court was too high. The reasoning involved a re-evaluation of the evidence presented regarding the calculation of damages, leading to a reduction in the amount awarded to the respondent. Regarding costs, the Court ordered that the respondent pay 50% of the appellants' costs in the Court of Appeal, indicating a mixed success on appeal. The Court also granted the respondent a certificate under the Suitors' Fund Act 1951 (NSW), subject to certain conditions.