Hiperia Holdings Pty Limited v Sghabi; Sghabi v Hiperia Holdings Pty Limited [2024] NSWCATAP 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hiperia Holdings Pty Limited v Sghabi; Sghabi v Hiperia Holdings Pty Limited [2024] NSWCATAP 152 Hearing dates: On the papers Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Charles, Senior Member Decision: 1. A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Hiperia Holdings Pty Ltd's application for costs of the appeal proceedings on an indemnity basis is refused. 3. Order 4 made on 11 June 2024 in appeal proceedings AP 2023/00289266 is reinstated. 4. Order 2 made on 14 August 2023 in Tribunal proceedings 2022/431878 (previously HB 22/16431) is set aside. 5. In substitution for order 2 made on 14 August 2023 in Tribunal proceedings 2022/431878 the following order is made: "Hiperia Holdings Pty Ltd is to pay 75% of Christopher Charbel Sghabi's costs on the ordinary basis, as agreed or assessed." 6. No order for costs of the costs application, with the intention that the parties pay their own costs. Catchwords: COSTS – Costs of Appeal and Tribunal proceedings - Proportionate costs where mixed success on different issues – Calderbank offer – Whether genuine offer of compromise – Whether unreasonable to refuse Calderbank offer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWSCA 304 Calderbank v Calderbank (1975) 3 All ER 333 Hawach v A & A Building Services Pty Ltd [2024] NSWCATAP 138 Hiperia Holdings Pty Limited v Sghabi; Sghabi v Hiperia Holdings Pty Limited [2024] NSWCATAP 105 Latoudis v. Casey (1990) 170 CLR 534 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: N/A Category: Costs Parties: Christopher Sghabi – Appellant in 2023/00289993 and Respondent in 2023/00289266 Hiperia Holdings Pty Limited – Respondent in 2023/00289993 and Appellant in 2023/00289266 Representation: Counsel: A Hopkins (Hiperia Holdings Pty Limited) M Klooster (Christopher Sghabi)