Rehman v F&F Smart Homes Pty Ltd (costs) [2023] NSWCATCD 56

Rehman v F&F Smart Homes Pty Ltd (costs) [2023] NSWCATCD 56

The Tribunal determined that costs should not be awarded to any party due to the applicant's unreasonable refusal of a genuine settlement offer before proceedings commenced, failure to mitigate loss, breaches by the applicant's solicitor of duties under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW), and the incurrence of costs disproportionate to the value and complexity of the dispute. The appropriate outcome was for each party to bear their own costs.

Parties
Applicant: Abdul Nateen Rehman; Respondent: F&F Smart Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Costs Determination Relating to Building Dispute / Post Substantive Orders; Determination of Costs on the Papers
Outcome
Each party to bear their own costs; no order as to costs in favour of either party
Legal Topics
Unreasonable Refusal of Settlement Offer, Failure to Mitigate Loss, Proportionality of Costs, Duty Under Civil and Administrative Tribunal Act 2013 (nsw), Calderbank Offers
Civil Procedure Costs Building and Construction Unreasonable Refusal of Settlement Offer Failure to Mitigate Loss Proportionality of Costs Duty Under Civil and Administrative Tribunal Act 2013 (nsw) Calderbank Offers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Abdul Nateen Rehman

Applicant

F&F Smart Homes Pty Ltd

Respondent

Procedural Posture

Costs Determination Relating to Building Dispute / Post Substantive Orders; Determination of Costs on the Papers

Legal Issues

  1. 1 Whether the applicant unreasonably refused a settlement offer and failed to mitigate loss, affecting entitlement to costs
  2. 2 Whether conduct of the parties or solicitors disentitled either party to costs
  3. 3 Whether costs incurred were proportionate to subject matter

Ratio Decidendi

The Tribunal determined that costs should not be awarded to any party due to the applicant's unreasonable refusal of a genuine settlement offer before proceedings commenced, failure to mitigate loss, breaches by the applicant's solicitor of duties under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW), and the incurrence of costs disproportionate to the value and complexity of the dispute. The appropriate outcome was for each party to bear their own costs.

Court Disposition

Each party to bear their own costs; no order as to costs in favour of either party

Orders

  • The Tribunal dispenses with a hearing on the question of costs.
  • Each party is to bear their own costs of the proceedings.