Khong v Southern Cross Joinery Pty Ltd [2021] NSWCATAP 392

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khong v Southern Cross Joinery Pty Ltd [2021] NSWCATAP 392 Hearing dates: On the papers Date of orders: 03 December 2021 Decision date: 03 December 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member K Ransome, Senior Member Decision: 1. A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Heng Yew Khong and Ada To are to pay the costs of Southern Cross Joinery Pty Ltd t/as Sydney Kitchens on the ordinary basis until 29 September 2021 and on an indemnity basis thereafter. Catchwords: APPEAL – costs - successful party – Calderbank offer Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Calderbank v Calderbank [1976] Fam Law 93; 3 All ER 333; 3 WLR 586 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Jones v Bradley (No. 2) [2003] NSWCA 258 Latoudis v Casey [1990] 170 CLR 534 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddock v Vadarlis [2001] FCA 1865 Singapore Airlines Cargo Pty Ltd v Principle International Pty Ltd (No 2) [2017] NSWCA 340 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: Heng Yew Khong and Ada To (Appellants) Southern Cross Joinery Pty Ltd t/as Sydney Kitchens (Respondent) Representation: Appellants - Self-represented Respondent – Fortis Law File Number(s): AP 2021/220931 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 July 2021 (amended reasons for decision) Before: GK Burton SC, Senior Member File Number(s): HB 19/36490