Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor (No 2)

[2021] NSWCA 98

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party/party costs
4. › General rule that costs follow the event
5. › Multiple issues
6. › Where award substantially reduced on appeal
7. › Where issue on which defendant succeeded both severable and dominant
8. › Costs award should reflect parties' degree of success
9. › Civil Procedure Act 2005 (NSW), s 98
10. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.35
1. Practice and Procedure
2. › Judgments and orders
3. › Amending, varying and setting aside
4. › Costs order of appeal
5. › Effect of entering or recording
6. › Whether notice of motion filed within 14 days of judgment being entered
7. › Whether court can dispense with time limit
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
9. › Civil Procedure Act 2005 (NSW), s 14

Quick Take

The 14-day time limit under UCPR r 36.16(3A) for filing a notice of motion to vary a final costs order cannot be extended under s 14 of the Civil Procedure Act 2005 (NSW), and where a plaintiff's damages are substantially reduced on appeal due to failure on a severable and dominant issue, the defendant may obtain a costs order reflecting its degree of success.