Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 71

Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 71

Rule 38(2)(b) being applicable meant a successful party is ordinarily entitled to costs. No factor suggested it was inappropriate to order the owner to pay the builder's costs, but there was no basis for indemnity costs—offers relied on by the builder did not constitute appropriate Calderbank offers and were not made or renewed in respect of the appeal.

Parties
Appellant: Raymond Roberts; Respondent: Morphett Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Appeal / Decision on Costs of Appeal
Outcome
Costs ordered against appellant; hearing on costs dispensed with.
Legal Topics
Costs, Appeal
Civil Procedure Costs Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Raymond Roberts

Appellant

Morphett Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Costs of Appeal

Legal Issues

  1. 1 Whether the appellant should pay the respondent's costs of the appeal and if so, whether on the ordinary or indemnity basis

Ratio Decidendi

Rule 38(2)(b) being applicable meant a successful party is ordinarily entitled to costs. No factor suggested it was inappropriate to order the owner to pay the builder's costs, but there was no basis for indemnity costs—offers relied on by the builder did not constitute appropriate Calderbank offers and were not made or renewed in respect of the appeal.

Court Disposition

Costs ordered against appellant; hearing on costs dispensed with.

Orders

  • A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.
  • The appellant is to pay the respondent's costs of the appeal as agreed or assessed.