GPM Constructions Pty Limited v Baker (No 2) [2018] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GPM Constructions Pty Limited v Baker (No 2) [2018] NSWCATAP 163 Hearing dates: On the papers Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr R Dubler SC, Senior Member Decision: (1) The hearing on costs is dispensed with in accordance with s.50(2) of the Civil and Administrative Tribunal Act 2013.

(2) The respondent's application for indemnity costs is dismissed.

(3) The appellant is to pay the costs of the respondent of and incidental to the appeal, such costs to be agreed or assessed on an ordinary basis. Catchwords: COSTS – application for indemnity costs – Calderbank letter – whether it was unreasonable to decline to accept offer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Catherine Frederiksen v Port Stephens Veterans and Citizens Aged Care Ltd [2014] NSWCATCD 52 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Mison v Bennett Property (NSW) Pty Ltd [2018] NSWCATAP 138 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA124 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: GPM Constructions Pty Limited (Appellant) Yolanne Louise Baker (Respondent) Representation: Counsel: D Weinberger (Appellant) B Ilkovski (Respondent)