Parry-Husbands v Roffe (No 2) [2024] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parry-Husbands v Roffe (No 2) [2024] NSWCATCD 16 Hearing dates: On the papers Date of orders: 15 January 2024 Decision date: 15 January 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) An oral hearing is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The stay granted by reason of order 2 of the Tribunal dated 1 December 2023 is lifted. (3) The respective costs applications of the parties are dismissed. (4) There is no order as to costs in respect of the application to transfer the NCAT proceedings to the District Court of NSW. (5) Costs of the transfer application are costs in the cause of the transferred proceedings. Catchwords: COSTS---Transfer of proceedings from NCAT to District Court---r 38 Civil and Administrative Tribunal Rules 2014---Calderbank offer---Whether unreasonably rejected---Whether cost order should be made in respect of the transfer of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Cases Cited: Boland v MGF Holdings Pty Ltd [2022] NSWSC 451 Elite Protective Personel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Smith v Baker [2022] NSWSC 1521 State of NSW & Anor v The Broken Hill Town Employees Union on behalf of employees [2022] NSWSC 961 State of NSW v Stanley [2007] NSWCA 330 SW v The Sydney Children's Hospital's Network t/as Westmead Children's Hospital Swan v All Construction Engineering Pty Ltd [2021] NSWSC 665 Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA 124 Texts Cited: Judicial Commission of NSW Civil Bench Book-Costs Category: Costs Parties: Howard Keith Parry-Husbands (First Applicant) Sharyn Ann Parry-Husbands (Second Applicant) Danielle Phillipa Geraldine Roffe (First Respondent) Yair Nassi (Second Respondent) Representation: Counsel: J. Pokoney (Applicants) P. Wiggins (Respondents)