Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 205 Hearing dates: On the papers Date of orders: 05 December 2022 Decision date: 05 December 2022 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: The application for costs is refused. Catchwords: COSTS – where parties had mixed success – whether settlement offer a genuine offer of compromise – whether offer unreasonably refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 Calderbank v Calderbank [1975] 3 All ER 333 GPM Constructions Pty Limited v Baker (No 2) [2018] NSWCATAP 163 Gretton v Commonwealth of Australia [2007] NSWSC 149 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Oshlack v Richmond River Council (1998) CLR 72 Ruddock v Vadarlis [2001] FCA 1865 Category: Costs Parties: Rajeev Babhoota (Applicant) AMT Grand Homes Pty Ltd (Respondent) Representation: Self-represented (Applicant) Birch Partners Lawyers (Respondent) File Number(s): HB 22/11283 Publication restriction: Nil

REASONS FOR DECISION 1. These reasons for decision are in respect of an application for costs made by AMT Grand Homes Pty Ltd (the builder) following the determination of an application brought by Mr Babhoota (the homeowner). 2. The homeowner's application was brought as a building claim within the Tribunal's jurisdiction under s 48K of the Home Building Act 1989 (NSW) (the HB Act). The application was determined by me on 18 October 2022 following a one-day hearing held on 13 October 2022. 3. The builder seeks an order that the homeowner pay the builder's costs of the proceedings up to and including 16 August 2022 upon the usual basis, and thereafter upon the indemnity basis. 4. In the alternative the builder seeks an order that the homeowner is to pay the builder's costs of the proceedings upon the usual basis. 5. For the reasons that follow I have decided to dismiss the builder's application for costs.