Harding v Horticultural Holdings Pty Ltd (No. 2) [2022] NSWCATCD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harding v Horticultural Holdings Pty Ltd (No. 2) [2022] NSWCATCD 97 Hearing dates: 29 June 2022 (on the papers) Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The Tribunal dispenses with a hearing on the question of costs, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The time for the lodgement of the applicants' submissions on costs is extended to 10 May 2022. 3. The time for the lodgement of the respondent's submissions on costs is extended to 27 June 2022. 4. The respondent is to pay the applicants' costs which are determined to be $16,500, within one calendar month, ie on or before 30 July 2022. Catchwords: COSTS – Amount in claimed or in dispute exceeding $30,000 – Settlement offer rejected – Request for determination of the amount of costs by the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: 203 Castlereagh Street Pty Limited v Holdings Pty Limited [2017] NSWCATAP 29 Bonita v Shen [2016] NSWCATAP 159 Calderbank v Calderbank [1975] 3 All ER 333 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jones v Bradley (No 2) [2003] NSWCA 258 Mendonca v Tonna [2017] NSWCATAP 176 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Latoudis v Casey [1990] HCA 59 News v Cotes [2019] NSWCATAP 186 Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816 Old v McInnes and Hogkinson [2011] NSWCA 410 Oshlak v Richmond River Council [1998] HCA 11 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: Michael Harding and Polly Harding (Applicants) Horticultural Holdings Pty Ltd (Respondent) Representation: Mr and Mrs Harding (Applicants) Mr and Mrs Dwyer (Respondent) File Number(s): HB 21/25869 Publication restriction: Nil