In Colormode Pty Ltd v Civic Construction Group Pty Ltd (No 2) [2024] QDC 175, the District Court of Queensland primarily addressed issues surrounding costs following a civil proceeding where Colormode Pty Ltd was awarded judgment. Despite Colormode's victory, it was deemed a "Pyrrhic victory" as they succeeded only on a minor aspect of their claims, specifically concerning the return of retention money, and failed on most other claims related to contractual variations. Civic Construction Group successfully defended against the bulk of Colormode's claims. Due to the mixed nature of success in the case, Judge Barlow KC, DCJ, exercised discretion in the apportioning of costs, determining that Colormode should pay 50% of Civic’s costs. Additionally, interest to the date of judgment was awarded to Colormode in the sum of $16,220.93, acknowledging the nominal success achieved.
top of page
bottom of page