B & W Windows (Residential) Pty Ltd v Sibilia; (No 2) [2022] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: B & W Windows (Residential) Pty Ltd v Sibilia; (No 2) [2022] NSWCATAP 7 Hearing dates: On the papers Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Robertson, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), a hearing in respect of the costs of the proceedings at first instance and on appeal is dispensed with. 2. The appellant is to pay the respondents' costs of the proceedings at first instance as agreed or assessed. 3. The appellant is to pay the respondents' costs of the first day of hearing of the appeal as agreed or assessed. 4. The respondents are to pay the appellant's costs of the appeal, other than the costs of the first day of the hearing, as agreed or assessed. Catchwords: COSTS – Offers of settlement made inclusive of costs – Whether effective Calderbank offers – Appellant successful on some but not all issues – Whether costs should be apportioned by reference to the parties' relative success Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: B & W Windows (Residential) Pty Ltd v Sibilia [2021] NSWCATAP 271 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Rolls Royce Industrial Power (Pacific) Ltd v James Hardy & Co Pty Ltd (2001) 53 NSWLR 626 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: B & W Windows (Residential) Pty Ltd (Appellant) Carl Dominic Sibilia & Renee Horgan (Respondents) Representation: Counsel: R Dalgleish (Appellants)