Jones v Mega Awesome Kapow Constructions Pty Ltd (No. 2) [2024] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jones v Mega Awesome Kapow Constructions Pty Ltd (No. 2) [2024] NSWCATAP 184 Hearing dates: On the papers Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member P H Molony, Senior Member Decision: (1) A hearing on the questions relating to costs is dispensed with. (2) The builder shall pay the homeowner's cost of the builder's appeal in matter number 2023/00347930 on an indemnity basis. (3) The builder shall pay the homeowner's cost of the homeowner's appeal in matter number 2023/00337063 on the ordinary basis. (4) The decision of the Tribunal made on 19 December 2023 in matter number 2021/ 378509 (previously HB 21/41447) is set aside and in lieu thereof the Appeal Panel makes the following orders: (a) The homeowner pay shall pay the builder's costs of the proceedings up to and including 18 January 2023, on the ordinary basis. (b) The builder shall pay the homeowner's costs of the proceedings on an indemnity from 19 January 2023 onwards on an indemnity basis. (5) If any of the costs ordered above are not agreed they are 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: Appeals – Appeal Panel's power to reconsider original costs decision - following reduction in damages awarded on appeal bringing Calderbank offer into play. Costs – Multiple proceedings – Multiple offers of compromise – Ordinary basis – Indemnity basis Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1984 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brymount Pty Ltd v Cummins (No 2) [2005] NSWCA 69 Calderbank v Calderbank [1975] 3 WLR 586; [1975] 3 All ER 333 Girardi as trustee for The Superannuation Fund – Greengate Investments v Duncum [2021] NSWSC 1138 Hazeldene's Chicken Farm Pty Ltd v Victorian Work Cover Authority (No2) [2005] VSCA 298 Heffernan v Innes (No 2) [2021] NSWSC 1187 Jones v Bradley (No 2) [2003] NSWCA 258 Jones v Mega Awesome Kapow Constructions Pty Ltd [2024] NSWCATAP 86 Maclean v Rottnest Island Authority [2001] WASCA 323 Manca v Tullipan Homes Pty Ltd (No 2) [2024] NSWCATAP 29 Sandoz Pty Ltd v H Lundbeck A/S (No 2) [2021] FCAFC 47 Vella v Mir (No 3) [2020] NSWCATAP 17 Whitaker v Paxad Pty Ltd [2009] WASC 47 Young v Young [1998] 2 FLR 1131 Texts Cited: None Category: Costs Parties: Peter Jones (appellant) Mega Awesome Kapow Constructions Pty Ltd (respondent) Representation: Counsel: Ms C A Hamilton-Jewel (appellant) Mr P Folino Gallo (respondent)