N & T Buildings Pty Ltd v Grozdanov; Grozdanov v N & T Buildings Pty Ltd [2016] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: N & T Buildings Pty Ltd v Grozdanov; Grozdanov v N & T Buildings Pty Ltd [2016] NSWCATCD 48 Hearing dates: Determined on the papers Decision date: 02 June 2016 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: 1. A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. 2. In HB 14/25130, each party is to pay their own costs. 3. In HB 14/29694, N & T Buildings Pty Ltd is to pay Nick Grozdanov's and Olga Grozdanov's costs of and incidental to the proceedings on a party/party basis as agreed or as assessed in accordance with the , such costs to be paid within 14 days of agreement or assessment. Catchwords: COSTS - costs when proceedings settled - Calderbank offers - indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Latoudis v Casey [1990] 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622; (1997) 143 ALR 1; (1997) 71 ALJR 533 (28 February 1997) ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Leichhardt Municipal Council v Green [2004] NSWCA 341 Ng v Chong [2005] NSWSC 385 Harrison v Schipp [2001] NSWCA 13 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Gretton v Commonwealth of Australia [2007] NSWSC 149 Category: Costs Parties: N & T Buildings Pty Ltd – applicant and cross-respondent Nick Grozdanov and Olga Grozdanov – respondents and cross-applicants Representation: Counsel: Mr P Follino Gallo for Nick Grozdanov and Olga Grozdanov Mr A Williamson (Solicitor) for N & T Buildings Pty Ltd Solicitors: Kells for Nick Grozdanov and Olga Grozdanov Williamson Isabella Lawyers N & T Buildings Pty Ltd File Number(s): HB 14/21530 and HB 14/ 29694 Publication restriction: Nil