McPherson v Mace [2017] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McPherson v Mace [2017] NSWCATAP 227 Hearing dates: 28 April 2017 Date of orders: 08 December 2017 Decision date: 08 December 2017 Jurisdiction: Appeal Panel Before: I H Bailey AM SC, Senior Member David Goldstein, Senior Member Decision: 1. In AP 16/5521 the appeal is allowed and:

In HB 13/02916 (i) the Builder must pay the Owners costs of the proceedings up to and including 24 September 2014, on the ordinary basis, and (ii) the Owners must pay the Builder's costs of the proceedings as from 25 September 2014, on an indemnity basis.

2 In AP 16/55162 the appeal is allowed and:

In HB 15/53637 The Owners must pay the 100% of the Builder's costs of the proceedings on the ordinary basis.

3 In AP 16/39190 the Owner is to pay the Builder's costs on an ordinary basis. Catchwords: Calderbank offers, whether rejection was unreasonable – costs issues – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Legal Profession Uniform Law Application Act 2014 Cases Cited: Calderbank v Calderbank (1975) All ER 333 Collins v Urban [2014] NSWCATAP 17 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 House v The King (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v Bradley (No. 2) [2003] NSWCA 258 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar, the Diocesan Bishop (2008) 237 CLR 66 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Preston v Panyiotou [2015] NSWCATAP 71 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Thompson v Chapman [2016] NSWCATAP 6 Category: Principal judgment Parties: Christopher John McPherson t/as CMC Building Works (Appellant) Steven Mace (Respondent) Representation: Counsel: B Nolan (Appellant) B A Jacobs (Respondent)