Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 (No. 2) [2024] NSWCATAP 52

Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 (No. 2) [2024] NSWCATAP 52

The Calderbank offer provided by the Owners Corporation did not contain a real and genuine element of compromise and lacked transparency, making Ms Casey’s refusal of that offer not unreasonable. There was no disentitling conduct by the Owners Corporation in the conduct of the appeal. Because the appeals were dismissed, costs should follow the event on an ordinary basis, and there is no reason to depart from the principle that the unsuccessful party should pay the successful parties’ costs.

Parties
Appellant: Anne Casey; First Respondent: Renfay Projects Pty Ltd; Second Respondent: The Owners – Strata Plan No 586
Jurisdiction
Australia
Judgment Date
08 April 2024
Procedural Posture
Appeal / Costs Determination Post Appeal
Outcome
Applications to vary the costs order are dismissed. Order 4 made on 20 February 2024 is reinstated, requiring Anne Casey to pay the costs of Renfay Projects Pty Ltd and The Owners – Strata Plan 586 of the appeals on the ordinary basis as agreed or assessed.
Legal Topics
Costs, Calderbank Offers, Exercise of Costs Discretion, Indemnity Costs
Civil Procedure Building and Construction Strata Title Costs Calderbank Offers Exercise of Costs Discretion Indemnity Costs

Case Brief

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Parties

Anne Casey

Appellant

Renfay Projects Pty Ltd

First Respondent

The Owners – Strata Plan No 586

Second Respondent

Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether the Owners Corporation is entitled to indemnity costs from 22 November 2023 based on a Calderbank offer
  2. 2 Whether costs of the appeal proceedings should follow the event or there should be no order as to costs

Ratio Decidendi

The Calderbank offer provided by the Owners Corporation did not contain a real and genuine element of compromise and lacked transparency, making Ms Casey’s refusal of that offer not unreasonable. There was no disentitling conduct by the Owners Corporation in the conduct of the appeal. Because the appeals were dismissed, costs should follow the event on an ordinary basis, and there is no reason to depart from the principle that the unsuccessful party should pay the successful parties’ costs.

Court Disposition

Applications to vary the costs order are dismissed. Order 4 made on 20 February 2024 is reinstated, requiring Anne Casey to pay the costs of Renfay Projects Pty Ltd and The Owners – Strata Plan 586 of the appeals on the ordinary basis as agreed or assessed.

Orders

  • A hearing of the applications in respect of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW.
  • The applications of The Owners – Strata Plan No 586, and the appellant, respectively, to vary the Appeal Panel's order 4 made on 20 February 2024 are dismissed.