Raysons Constructions Pty Limited v The Owners - Strata Plan No 87003 [2024] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raysons Constructions Pty Limited v The Owners - Strata Plan No 87003 [2024] NSWCATAP 156 Hearing dates: On the papers Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal 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 Owners - Strata Plan No 87003 are to pay Raysons Constructions Pty Limited's costs of the appeal on the ordinary basis, as agreed or assessed. (3) The Owners - Strata Plan No 87003 are to pay Raysons Constructions Pty Limited's costs of Tribunal proceedings HB 20/49739 on the ordinary basis as agreed or assessed. Catchwords: COSTS – Calderbank letter – whether offer an adequate compromise – whether offeree not acting unreasonably in rejecting offer Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Home Building Act 1989 NSW Cases Cited: Calderbank v Calderbank 1975) 3 All ER 333Hazeldene's Chicken Farm Pty Ltd v Victorian Work Cover Authority (No 2) [2005] VSCA 298 Miwa Pty Limited v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Texts Cited: None cited Category: Costs Parties: Raysons Constructions Pty Limited (Costs applicant) The Owners – Strata Plan 87003 (Costs respondent) Representation: Counsel: G Carolan (Costs applicant) P Horobin (Costs respondent)