Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:
1. This judgment deals with an application by the plaintiff for an order for costs against the defendant on the ordinary basis, with interest. The defendant agrees that the plaintiff is entitled to an order for costs in its favour, but says that it should be for a proportion only of the plaintiff's costs (22% is suggested) or that the quantum of costs should be capped at $85,000.
2. The plaintiff, Ms Wong, owns a residential property in New South Wales ('the property'). She entered into two successive written contracts with the defendant, Mr Felsch, for the restoration and renovation of the house on her property. Mr Felsch undertook work on the property in 2014 and 2015.
3. On 15 November 2021, Ms Wong commenced proceedings in the Supreme Court against Mr Felsch alleging breach of contract and breach of the statutory warranties in the Home Building Act 1989. Ms Wong alleged that Mr Felsch's building work on her property was defective.
4. Mr Felsch applied twice to have the proceedings transferred to the District Court. On the first occasion, he was unsuccessful. On the second occasion, the proceedings were transferred to this Court. The order made by the Supreme Court with respect to costs was:
2. Costs of this application are to be costs in the cause in the NSW District Court.
5. The matter was referred to a referee by this Court.
6. The referee, Mr Goldstein, conducted a three day hearing, and subsequently produced his report to the Court on 26 February 2025.
7. Mr Goldstein's report was adopted by the Court under rule 20.24 of the Uniform Civil Procedure Rules ('UCPR') by order on 11 April 2025.
8. Judgment for the plaintiff was given on 10 April 2025 in the sum of $131,330.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1981c2bc814af6b67d9b3446)
Disclaimer: Curated by HT Syndication.
