Raysons Constructions Pty Limited v The Owners - Strata Plan No 87003 [2024] NSWCATAP 156

Raysons Constructions Pty Limited v The Owners - Strata Plan No 87003 [2024] NSWCATAP 156

It was not unreasonable for the costs respondent to reject the applicant's offers of $100,000 and $150,000 given the unresolved factual and legal issues, the prospects as assessed at the date of the offers, and the form and magnitude of the claim. Therefore, costs of both the appeal and Tribunal proceedings should be paid on the ordinary basis, not indemnity basis.

Jurisdiction
Australia
Judgment Date
08 August 2024
Procedural Posture
Appeal (costs) / Decision on Costs Following Appeal Judgment
Outcome
The Owners - Strata Plan No 87003 to pay Raysons Constructions Pty Limited's costs of the appeal and Tribunal proceedings on the ordinary basis, as agreed or assessed.
Legal Topics
['calderbank Offer' 'indemnity Costs' 'ordinary Costs' 'statutory Warranty Period' 'home Building Disputes']
['costs'] ['calderbank Offer' 'indemnity Costs' 'ordinary Costs' 'statutory Warranty Period' 'home Building Disputes']

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Procedural Posture

Appeal (costs) / Decision on Costs Following Appeal Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded on the ordinary basis or indemnity basis following Calderbank offers' "Whether it was unreasonable for the costs respondent to reject the applicant's offers of compromise in the Tribunal proceedings"]

Ratio Decidendi

It was not unreasonable for the costs respondent to reject the applicant's offers of $100,000 and $150,000 given the unresolved factual and legal issues, the prospects as assessed at the date of the offers, and the form and magnitude of the claim. Therefore, costs of both the appeal and Tribunal proceedings should be paid on the ordinary basis, not indemnity basis.

Court Disposition

The Owners - Strata Plan No 87003 to pay Raysons Constructions Pty Limited's costs of the appeal and Tribunal proceedings on the ordinary basis, as agreed or assessed.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, a hearing of the applications in respect of costs is dispensed with.' "The Owners - Strata Plan 87003 are to pay Raysons Constructions Pty Limited's costs of the appeal on the ordinary basis, as agreed or assessed." "The Owners - Strata...