Vahora v Clarendon Homes (NSW) Pty Ltd [2020] NSWCATCD 14

Vahora v Clarendon Homes (NSW) Pty Ltd [2020] NSWCATCD 14

Owners were successful overall in their claim and entitled to costs on the usual basis, but not indemnity, as the builder’s rejection of settlement offers was not established to be unreasonable due to evolving claim figures and timing; Tribunal orders costs be paid by builder except for specified elements associated with prior amendments and directions.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Building Claim With Subsequent Australian Consumer Law Claim / Post Substantive Decision, Costs Determination
Outcome
Costs hearing dispensed; builder ordered to pay applicants' costs on ordinary basis except for costs relating to specific directions and amendments.
Legal Topics
['costs Discretion' 'calderbank Offers' 'consumer and Commercial Division' 'home Building Act' 'australian Consumer Law']
['costs' 'consumer Law' 'building and Construction Law'] ['costs Discretion' 'calderbank Offers' 'consumer and Commercial Division' 'home Building Act' 'australian Consumer Law']

Case Brief

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Procedural Posture

Building Claim With Subsequent Australian Consumer Law Claim / Post Substantive Decision, Costs Determination

Legal Issues

  1. 1 ['Should the Tribunal dispense with a hearing for the costs application under s 50(2) of the NCAT Act?' 'What legal principles and rules apply to costs in the Consumer and Commercial Division where the amount in dispute exceeds $30,000?' 'Should the owners be awarded costs?' 'Should costs be awarded on the usual or indemnity basis?']

Ratio Decidendi

Owners were successful overall in their claim and entitled to costs on the usual basis, but not indemnity, as the builder’s rejection of settlement offers was not established to be unreasonable due to evolving claim figures and timing; Tribunal orders costs be paid by builder except for specified elements associated with prior amendments and directions.

Court Disposition

Costs hearing dispensed; builder ordered to pay applicants' costs on ordinary basis except for costs relating to specific directions and amendments.

Orders

  • ['A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' "Clarendon Homes (NSW) Pty Ltd to pay Shoaib Vahora's and Sana Shoaib Vahora's costs of and incidental to proceedings HB 17/25706 on the ordinary basis, as agreed or assessed." 'Order above does not apply to...