Willoughby Homes Pty Ltd v Pawar [2021] NSWCATAP 308

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Willoughby Homes Pty Ltd v Pawar [2021] NSWCATAP 308 Hearing dates: On the papers Date of orders: 07 October 2021 Decision date: 07 October 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member A Lo Surdo SC, Senior Member Decision: (1) the appeal is dismissed. (2) the appellant is to pay the costs of the respondent assessed in default of agreement. Catchwords: APPEAL that costs order inadequate – held appellant conducted proceedings in a manner which disentitled it to a full costs order – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Rules r 38 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 House v R [1936] HCA 40 Oshlack v Richmond River Council [1998] HCA 11 Category: Costs Parties: Willoughby Homes Pty Ltd (appellant) Kamaljit Pawar (respondent) Representation: Counsel: M Klooster (appellant) R Kent solicitor (respondent)

Solicitors: New South Lawyers (appellant) Kent Attorneys (respondent) File Number(s): 2021/00139563 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 April, 2021 Before: G Ellis SC, Senior Member File Number(s): HB 20/24155