Tom v Jenkins (No. 2) [2018] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Jenkins (No. 2) [2018] NSWCATCD 24 Hearing dates: Decided on the papers Date of orders: 26 June 2018 Decision date: 26 June 2018 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: (1) A hearing in respect of this costs application is dispensed with under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) Andrew Tom must pay Colin Jenkins costs of and incidental to these proceedings on the ordinary basis, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014. Catchwords: Costs – 'Calderbank' offers Jurisdiction to make costs orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Legal Profession Uniform Law Application Act 2014 Cases Cited: Calderbank v Cadlerbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2016] NSWCATAP 63 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: Applicant: Andrew Tom Respondent: Colin Jenkins Representation: Counsel: Mr C. Simpson for the applicant Mr J. Priestley SC for the respondent