GPM Constructions Pty Limited v Baker (No 2) [2018] NSWCATAP 163

GPM Constructions Pty Limited v Baker (No 2) [2018] NSWCATAP 163

It was not unreasonable for the appellant to refuse the respondent's offers as they did not confer a significant benefit, the appeal was reasonably arguable, and the offers were not a genuine compromise, so no order for indemnity costs; ordinary costs follow with appellant to pay respondent's costs of the appeal on the ordinary basis.

Parties
Appellant: GPM Constructions Pty Limited; Respondent: Yolanne Louise Baker
Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Appeal / Costs Application After Appeal Decision
Outcome
Indemnity costs application dismissed; appellant to pay respondent's costs of and incidental to the appeal on an ordinary basis
Legal Topics
Costs, Indemnity Costs, Offers of Compromise, Appeals, NCAT Procedure
Civil Procedure Costs Indemnity Costs Offers of Compromise Appeals NCAT Procedure

Case Brief

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Parties

GPM Constructions Pty Limited

Appellant

Yolanne Louise Baker

Respondent

Procedural Posture

Appeal / Costs Application After Appeal Decision

Legal Issues

  1. 1 Whether the appellant should pay the respondent's costs of the appeal on an indemnity basis or ordinary basis
  2. 2 Whether it was unreasonable for the appellant to refuse the respondent's Calderbank offer

Ratio Decidendi

It was not unreasonable for the appellant to refuse the respondent's offers as they did not confer a significant benefit, the appeal was reasonably arguable, and the offers were not a genuine compromise, so no order for indemnity costs; ordinary costs follow with appellant to pay respondent's costs of the appeal on the ordinary basis.

Court Disposition

Indemnity costs application dismissed; appellant to pay respondent's costs of and incidental to the appeal on an ordinary basis

Orders

  • The hearing on costs is dispensed with in accordance with s.50(2) of the Civil and Administrative Tribunal Act 2013.
  • The respondent's application for indemnity costs is dismissed.