Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) (No 2)

• 1. Torts
  2. › Negligence
  3. › Apportionment of responsibility and damages
  4. › Proportionate liability
  5. › Adjustment to reflect concurrent wrongdoing by entity not party to proceeding
  6. › Whether Builder's responsibility should be 5% or 40%
  7. › Civil Liability Act 2002 (NSW), Pt 4, ss 34, 35
• 1. Costs
  2. › Party/party costs
  3. › General rule that costs follow the event
  4. › Application of the rule and discretion
  5. › Where appellant partially successful in appeal involving multiple parties
  6. › Reduction commensurate with hearing time spent on successful aspects of appeal
• 1. Costs
  2. › Party/party costs
  3. › Orders when proceedings involve multiple parties on appeal
  4. › Allegations of concurrent wrongdoing by respondents
  5. › Whether appellant's costs payable to successful respondent should be ordered against unsuccessful respondents
  6. › Whether joinder of successful respondent was caused by conduct of unsuccessful respondent

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