Stern v Addbuild Master Builders Pty Ltd (No. 4) [2023] NSWCATCD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stern v Addbuild Master Builders Pty Ltd (No. 4) [2023] NSWCATCD 184 Hearing dates: Heard on the papers Date of orders: 29 November 2023 Decision date: 29 November 2023 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: Addbuild Master Builders Pty Ltd must pay Gary Stern his costs of these proceedings on a party/party basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014. Catchwords: COSTS – Calderbank offers – Reasonableness of a rejection – Otherwise no principle involved Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law Application Act 2014 Cases Cited: Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97 Texts Cited: None cited Category: Costs Parties: Gary Stern: applicant Addbuild Master Builders Pty Ltd: respondent Representation: Counsel: Mr J. Foley for the applicant

Solicitors: Pryor Tzannes & Wallis for the applicant Advocatus Lawyers for the respondent File Number(s): 2022/00406801 (Previously HB 22/43030) Publication restriction: Nil