Chaw v Jenkinson [2017] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chaw v Jenkinson [2017] NSWCATAP 150 Hearing dates: On the papers Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President P Durack SC, Senior Member Decision: (1) The Appellant is to pay the Respondents costs of and incidental to the proceedings determined by Member Cohen on 1 February 2016 incurred after 3 September 2015 on an indemnity basis.

(2) Otherwise, there be no order as to the costs of the proceedings referred to in Order 1 and no order as to the costs of the appeal from the decision made by Member Cohen on 1 February 2016. Catchwords: APPEAL – costs following dismissal of appeal – special circumstances – refusal of offer to settle by payment of amount of claim – merits of case – indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Colgate Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Chaw v Jenkinson [2016] NSWCATAP 174 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Texts Cited: Jenkinson v Chaw [2015] NSWCATAP 127 Maitland Hospital v Fisher (No.2) (1992) 27 NSWLR721 McKeith v Royal Bank of Scotland Group PLC; Royal Bank of Scotland Group PLC v James (No 2) [2016] NSWCA 260 Category: Costs Parties: Chi Chaw (Appellant) Karen Leigh Jenkinson (First Respondent) Coverall Services Pty Ltd (Second Respondent) Representation: Counsel: In Person (Applicant) M Klooster (Respondents)