N & T Buildings Pty Ltd v Grozdanov; Grozdanov v N & T Buildings Pty Ltd [2016] NSWCATCD 48

N & T Buildings Pty Ltd v Grozdanov; Grozdanov v N & T Buildings Pty Ltd [2016] NSWCATCD 48

In the builder's claim (HB 14/25130), each party is to pay their own costs as the claim was settled without determination of the merits and neither party acted unreasonably. In the owners' claim (HB 14/29694), the owners were successful and are entitled to costs on a party/party basis, as there was no unreasonable rejection of settlement offers warranting indemnity costs.

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Application and Cross Application (costs Determination) / Post Judgment, Costs Determination After Substantive Decision and Settlement
Outcome
Costs hearing dispensed with; each party to pay own costs in builder's claim; builder to pay owners' costs in owners' claim on party/party basis.
Legal Topics
['calderbank Offers' 'settlement' 'costs Orders' 'party/party Costs' 'indemnity Costs']
['costs'] ['calderbank Offers' 'settlement' 'costs Orders' 'party/party Costs' 'indemnity Costs']

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Procedural Posture

Application and Cross Application (costs Determination) / Post Judgment, Costs Determination After Substantive Decision and Settlement

Legal Issues

  1. 1 ['Should a hearing on costs be dispensed with?' "Should an order for costs be made in the builder's favour on the builder's claim?" "Should an order for costs be made in the owners' favour on the owners' claim?" "On what basis should the builder be ordered to pay the owners' costs?"]

Ratio Decidendi

In the builder's claim (HB 14/25130), each party is to pay their own costs as the claim was settled without determination of the merits and neither party acted unreasonably. In the owners' claim (HB 14/29694), the owners were successful and are entitled to costs on a party/party basis, as there was no unreasonable rejection of settlement offers warranting indemnity costs.

Court Disposition

Costs hearing dispensed with; each party to pay own costs in builder's claim; builder to pay owners' costs in owners' claim on party/party basis.

Orders

  • ['A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' 'In HB 14/25130, each party is to pay their own costs.' "In HB 14/29694, N & T Buildings Pty Ltd is to pay Nick Grozdanov's and Olga Grozdanov's costs of and incidental to the proceedings on a...