John Dawson v Steve Rosskelly and Sue Rosskelly t/as N & S Constructions [2014] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Dawson v Steve Rosskelly and Sue Rosskelly t/as N & S Constructions [2014] NSWCATCD 78 Hearing dates: Decided on the papers Decision date: 16 May 2014 Before: R F Buckley, Senior Member Decision: The respondents are to pay the applicant's costs of HB 08/13255 as agreed or assessed on the basis set out in Division 11 of Part 3.2 of the Legal Profession Act 2004. The applicant is to pay the respondents' costs as agreed or assessed on an indemnity basis from 8 September 2007 to 21 July 2011. The parties are to pay their own costs from 4 April 2012. Insofar as any legal work or disbursement was performed or incurred before 8 September 2007, having regard to the operation of costs orders made in the Local and District Courts, I make no order for costs, otherwise than to reserve any claims as falling within orders 1 and 2 above as matters for assessment. Catchwords: Tribunal may award costs in such circumstances as it thinks fit

Unreasonable refusal of Calderbank offer Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001(NSW) (repealed) Civil and Administrative Tribunal Act 2013(NSW) Consumer Trader and Tenancy Regulation 2009 (repealed) Uniform Civil Procedure Rules 2005 Home Building Act 1989 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Oshlack v Richmond RIver Council [1998] HCA 11

Calderbank v Calderbank (1975) 1 All AER 333

Giller v Procopets (No 2) [2009] VSCA 72