Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 (No. 2) [2024] NSWCATAP 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Casey v Renfay Projects Pty Ltd; Casey v The Owners – Strata Plan No 586 (No. 2) [2024] NSWCATAP 52 Hearing dates: On the papers Date of orders: 08 April 2024 Decision date: 08 April 2024 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Fairlie, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, a hearing of the applications in respect of costs is dispensed with. (2) The applications of The Owners – Strata Plan No 586, and the appellant, respectively, to vary the Appeal Panel's order 4 made on 20 February 2024 in Appeal Nos 2023/00308743, 2023/00336006, and 2023/00335992, are dismissed. (3) Order 4 made on 20 February 2024 in Appeal Nos 2023/00308743, 2023/00336006, and 2023/00335992, is reinstated with the intent that Anne Casey is to pay Renfay Projects Pty Limited and The Owners – Strata Plan 586's costs of the appeals on the ordinary basis as agreed or assessed in accordance with the applicable costs' assessment legislation. Catchwords: COSTS – no real and genuine element of compromise in a Calderbank letter sent prior to the appeal hearing – indemnity costs refused – exercise of discretion under r 38A where one party largely successful in the appeals – no disentitling conduct or other factors to warrant a departure from the principle that costs follow the event. Legislation Cited: Home Building Act 1989 NSW Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Strata Schemes Management Act 2015 NSW Cases Cited: Calderbank v Calderbank (1975) 3 All ER 333 Paraskevopoulos v Bajic (No 2) NSWCATCD 40 Ashton v Stevenson; Stevenson v Ashton (No 2) [2019] NSWCATAP 238 Skiller v NSW Slate Roofing Pty Ltd [2022] NSWCATAP 90 Hawkesbury District Health Service Limited v Chaker (No 2) [2011] NSWCA 30 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Williams v Lewer [1974] 2 NSWLR 91 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Nguyen v Perpetual Trustee Co Ltd; Perpetual Trustee Co Ltd v Nguyen [2015] NSWCATAP 264 Texts Cited: None Cited Category: Principal judgment Parties: Anne Casey (Appellant) Renfay Projects Pty Ltd (First Respondent) The Owners – Strata Plan No 586 (Second Respondent) Representation: Counsel: P Horobin (Appellant) M Hamdan (Second Respondent) Solicitors: ITC Law (Appellant) Renfay Projects Pty Limited (Agent) (First Respondent) Holman Webb (Second Respondent) File Number(s): 2023/00308743, 2023/00335992, 2023/00336006 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 31 August 2023 Before: G Blake AM SC, Senior Member File Number(s): HB 22/22490, SC 22/23241