B & W Windows (Residential) Pty Ltd v Franjulis; Franjulis v B & W Windows (Residential) Pty Ltd [2020] NSWCATCD 23

B & W Windows (Residential) Pty Ltd v Franjulis; Franjulis v B & W Windows (Residential) Pty Ltd [2020] NSWCATCD 23

Special circumstances justify a costs order in favour of the builder because the proceedings were complex, the owner's allegations prolonged the case, and the owner unreasonably rejected reasonable Calderbank offers. Costs are ordered on the ordinary basis until 30 March 2016 and on an indemnity basis thereafter.

Jurisdiction
Australia
Judgment Date
17 January 2020
Procedural Posture
Costs Application (following Determination of Home Building Claims) / Post Determination (costs Order After Final Decision)
Outcome
Costs order in favour of the builder (B & W Windows (Residential) Pty Ltd). Application for interest dismissed.
Legal Topics
['special Circumstances for Costs' 'calderbank Offers' 'interest' 'legal Representation Costs' 'nature and Complexity of Proceedings']
['costs' 'home Building'] ['special Circumstances for Costs' 'calderbank Offers' 'interest' 'legal Representation Costs' 'nature and Complexity of Proceedings']

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Procedural Posture

Costs Application (following Determination of Home Building Claims) / Post Determination (costs Order After Final Decision)

Legal Issues

  1. 1 ['Whether special circumstances exist to justify a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether interest is payable under Rule 39 of the Civil and Administrative Tribunal Rules 2014 or as common law damages' 'Application of Calderbank offers to costs discretion']

Ratio Decidendi

Special circumstances justify a costs order in favour of the builder because the proceedings were complex, the owner's allegations prolonged the case, and the owner unreasonably rejected reasonable Calderbank offers. Costs are ordered on the ordinary basis until 30 March 2016 and on an indemnity basis thereafter.

Court Disposition

Costs order in favour of the builder (B & W Windows (Residential) Pty Ltd). Application for interest dismissed.

Orders

  • ['Nicholas Frangulis is to pay the costs of the B & W Windows (Residential) Pty Ltd of and in relation to the proceedings on the ordinary basis up to 30 March 2016 and on an indemnity basis thereafter.']