Rekrut v Champion Homes Sales Pty Ltd (No 2) [2018] NSWCATAP 208

Rekrut v Champion Homes Sales Pty Ltd (No 2) [2018] NSWCATAP 208

As the appellants were successful and the respondent unreasonably rejected a genuine Calderbank offer, it is appropriate to order that the respondent pay the appellants' costs of the appeal, on an ordinary basis until 23 March 2018 and on an indemnity basis thereafter.

Jurisdiction
Australia
Judgment Date
10 September 2018
Procedural Posture
Appeal / Post Judgment: Costs Determination
Outcome
Costs hearing dispensed; costs awarded to appellants on ordinary basis until 23 March 2018, indemnity basis thereafter.
Legal Topics
['indemnity Costs' 'civil Procedure']
['costs'] ['indemnity Costs' 'civil Procedure']

Case Brief

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Procedural Posture

Appeal / Post Judgment: Costs Determination

Legal Issues

  1. 1 ["Whether the respondent should pay the appellants' costs of the appeal" 'Whether costs should be awarded on an indemnity basis']

Ratio Decidendi

As the appellants were successful and the respondent unreasonably rejected a genuine Calderbank offer, it is appropriate to order that the respondent pay the appellants' costs of the appeal, on an ordinary basis until 23 March 2018 and on an indemnity basis thereafter.

Court Disposition

Costs hearing dispensed; costs awarded to appellants on ordinary basis until 23 March 2018, indemnity basis thereafter.

Orders

  • ['A hearing on costs is dispensed with under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW).' "Champion Homes Sales Pty Ltd is to pay Adam Rekrut and Sandra Scott's costs of the appeal, on an ordinary basis until 23 March 2018 and on an indemnity basis thereafter."]