Syed Ahmad Shoaib Ali Pty Ltd v Jandson Pty Ltd; Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Ltd [2018] NSWCATAP 304

Syed Ahmad Shoaib Ali Pty Ltd v Jandson Pty Ltd; Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Ltd [2018] NSWCATAP 304

Costs at first instance and on appeal are to be paid by Jandson Pty Ltd to Syed Ahmad Shoaib Ali Pty Ltd and Syed Ahmad Shoaib Ali, on an ordinary basis until 9 December 2016 and on an indemnity basis thereafter, due to the effect of a rejected Calderbank offer and the owner’s ultimate success on appeal. The application of r 38 and r 38A of the Civil and Administrative Tribunal Rules 2014 justifies orders as made, and the Tribunal has discretion to award costs even if not expressly appealed in the notice.

Parties
Appellant in AP 18/14573 and First Respondent in AP 18/17165: Syed Ahmad Shoaib Ali Pty Ltd; Second Respondent in AP 18/17165: Syed Ahmad Shoaib Ali; Respondent in AP 18/14573 and Appellant in AP 18/17165: Jandson Pty Ltd
Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Costs Determination on Appeal / Appeal Panel Determination Following Two Appeals
Outcome
Jandson Pty Ltd to pay costs as determined; hearing on costs dispensed with.
Legal Topics
Costs, Appeals, Indemnity Costs, Calderbank Offers
Civil Procedure Costs Appeals Indemnity Costs Calderbank Offers

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Parties

Syed Ahmad Shoaib Ali Pty Ltd

Appellant in AP 18/14573 and First Respondent in AP 18/17165

Syed Ahmad Shoaib Ali

Second Respondent in AP 18/17165

Jandson Pty Ltd

Respondent in AP 18/14573 and Appellant in AP 18/17165

Procedural Posture

Costs Determination on Appeal / Appeal Panel Determination Following Two Appeals

Legal Issues

  1. 1 Whether costs should be awarded at first instance and on appeal
  2. 2 Whether indemnity costs are appropriate following a Calderbank offer
  3. 3 Application of r 38 and r 38A of the Civil and Administrative Tribunal Rules 2014

Ratio Decidendi

Costs at first instance and on appeal are to be paid by Jandson Pty Ltd to Syed Ahmad Shoaib Ali Pty Ltd and Syed Ahmad Shoaib Ali, on an ordinary basis until 9 December 2016 and on an indemnity basis thereafter, due to the effect of a rejected Calderbank offer and the owner’s ultimate success on appeal. The application of r 38 and r 38A of the Civil and Administrative Tribunal Rules 2014 justifies orders as made, and the Tribunal has discretion to award costs even if not expressly appealed in the notice.

Court Disposition

Jandson Pty Ltd to pay costs as determined; hearing on costs dispensed with.

Orders

  • Jandson Pty Ltd is to pay Syed Ahmad Shoaib Ali Pty Ltd and Syed Ahmad Shoaib Ali their costs at first instance on the ordinary basis until 9th December 2016 and on an indemnity basis thereafter in an amount agreed or as assessed.
  • Jandson Pty Ltd is to pay Syed Ahmad Shoaib Ali Pty Ltd and Syed Ahmad Shoaib Ali their costs incurred in both appeals on the ordinary basis as agreed or as assessed.