Paraskevopoulos v Bajic (No. 2) [2018] NSWCATCD 40

Paraskevopoulos v Bajic (No. 2) [2018] NSWCATCD 40

The Tribunal found that costs should follow the event in favour of the successful home owners, and that, due to the builder's unreasonable refusal of separate genuine Calderbank offers made on 24 January 2018, the home owners' costs should be paid on an ordinary basis up to and including 24 January 2018 and on an indemnity basis thereafter.

Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Application for Costs / Post Judgment Costs Determination
Outcome
Costs awarded to successful parties, partially on an indemnity basis.
Legal Topics
['exercise of Discretion Under Rule 38' 'indemnity Costs' 'calderbank Offers']
['costs' 'consumer Law'] ['exercise of Discretion Under Rule 38' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Application for Costs / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the successful parties are entitled to costs' 'Whether costs should be awarded on an ordinary or indemnity basis, and from what date' 'Effect of Calderbank offers on the award of costs']

Ratio Decidendi

The Tribunal found that costs should follow the event in favour of the successful home owners, and that, due to the builder's unreasonable refusal of separate genuine Calderbank offers made on 24 January 2018, the home owners' costs should be paid on an ordinary basis up to and including 24 January 2018 and on an indemnity basis thereafter.

Court Disposition

Costs awarded to successful parties, partially on an indemnity basis.

Orders

  • ['The Tribunal dispenses with a hearing and determines the costs application on the basis of the papers.' 'Alexsander Bajic is to pay the costs of Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich on the ordinary basis up to and including 24 January 2018 and thereafter on the indemnity basis...