Marcello Capone and Nicole Masson v Richard Lambert [2014] NSWCATCD 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marcello Capone and Nicole Masson v Richard Lambert [2014] NSWCATCD 222 Hearing dates: Heard on the papers Decision date: 02 December 2014 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: Richard Lambert must pay Marcello Capone and Nicole Masson their costs of and incidental to these proceedings, on a party and party basis, up to and including 1 November 2014 such costs, if not agreed, to be assessed on the basis set out in Division 11 of Part 3.2 of the ; and Richard Lambert must pay Marcello Capone and Nicole Masson their costs of and incidental to the proceedings; on an indemnity basis from 2 November 2014 onwards such costs, if not agreed, to be assessed on the basis set out in Division 11 of Part 3.2 of the . Catchwords: Costs, Bankruptcy of a party, Calderbank Offers Legislation Cited: Consumer, Trader and Tenancy Act, 2001 Consumer, Trader and Tenancy Tribunal Regulation 2009 Bankruptcy Act 1966 (Commonwealth) Cases Cited: Bruckner v JVZ Steel Roof (24 August 2011), Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56 , Jones v Bradley (No. 2) [2003] NSWCA 258, Leslie Gaskin v Matthew Ollerenshaw , Oshlack v Richmond River Council (1998) 193 CLR 72. Texts Cited: None cited Category: Costs Parties: Marcello Capone and Nicole Masson (applicants)

Richard Lambert (respondent) Representation: Counsel: Solicitors: Harris Wheeler for the Applicants File Number(s): HB 12/48071 Publication restriction: Unrestricted