Manca v Tullipan Homes Pty Ltd (No 2) [2024] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manca v Tullipan Homes Pty Ltd (No 2) [2024] NSWCATAP 29 Hearing dates: On the papers Date of orders: 26 February 2024 Decision date: 26 February 2024 Jurisdiction: Appeal Panel Before: Balla ADCJ, Principal Member G Sarginson, Senior Member Decision: 1. A hearing with respect to the question of costs is dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The appellant to pay the respondent's costs of the appeal as agreed or assessed on an ordinary basis up to 20 September 2023. 3. The appellant to pay the respondent's costs of the appeal as agreed or assessed on an indemnity basis from 21 September 2023. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Calderbank offers Legislation Cited: NSW Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 60 NSW Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: Bondi Builders Pty Ltd v Dennett [2022] NSWCATAP 317 C&V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd (No 2) [2023] NSWCA 240 Evans v Braddock (No 2) [2015] NSWSC 518 Leichhardt Municipal Council v Green [2004] NSWCA 341 Manca v Tullipan Homes Pty Ltd [2023] NSWCATAP 329 Promina Design & Construction Pty Ltd v The Owners-Strata Plan No 97449 (No 4) [2023] NSWCATAP 338 The Owners Strata Plan No 90189 v Parkview Constructions Pty Ltd (No 2) [2022] NSWSC 1477 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Xpertise Construction Pty Ltd v Orantia [2023] NSWCATAP 22 Texts Cited: None cited Category: Costs Parties: Dion Robert Manca (Appellant) Tullipan Homes Pty Limited (Respondent) Representation: Counsel: J Granger (Respondent)