Kursun v Gareffa (No 2) [2017] NSWCATCD 23

Kursun v Gareffa (No 2) [2017] NSWCATCD 23

Both parties had partial success, tribunal was not satisfied either should bear the other's costs; effect of competing Calderbank offers and amounts involved meant entitlements effectively cancelled each other out, leading to no order as to costs.

Parties
Applicant: Vincenza Kursun; Respondent: Paul Gareffa
Jurisdiction
Australia
Judgment Date
04 April 2017
Procedural Posture
Costs Application (consumer and Commercial Division) / Post Judgment (costs Determination)
Outcome
no order as to costs; each party to bear their own costs
Legal Topics
Costs, Costs Discretion, Calderbank Offers, NCAT Act S 60, NCAT Rules R 38
Civil Procedure Costs Costs Discretion Calderbank Offers NCAT Act S 60 NCAT Rules R 38

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Parties

Vincenza Kursun

Applicant

Paul Gareffa

Respondent

Procedural Posture

Costs Application (consumer and Commercial Division) / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether either party is entitled to an order for costs after partial success of each party
  2. 2 Effect of Calderbank settlement offers on costs entitlement
  3. 3 How Tribunal discretion under s 60 of the NCAT Act and r 38 of the NCAT Rules should be exercised

Ratio Decidendi

Both parties had partial success, tribunal was not satisfied either should bear the other's costs; effect of competing Calderbank offers and amounts involved meant entitlements effectively cancelled each other out, leading to no order as to costs.

Court Disposition

no order as to costs; each party to bear their own costs

Orders

  • No order as to costs with the intent that each party is to bear their own costs of and incidental to the proceedings.