Harding v Horticultural Holdings Pty Ltd (No. 2)

In Harding v Horticultural Holdings Pty Ltd (No. 2), the Civil and Administrative Tribunal (CAT) was tasked with determining the costs of the proceedings between the applicant, Harding, and the respondent, Horticultural Holdings Pty Ltd. The nature of the dispute involves a claim for damages and associated costs, with the amount in dispute or claimed exceeding $30,000. The matter arose out of an unsuccessful settlement offer which was rejected by the respondent. The Tribunal was required to assess the costs incurred by Harding as a result of the proceedings and to make a determination regarding the amount payable by the respondent.

The legal issues before the Tribunal centred on the appropriate amount of costs to be awarded and the procedure for determining those costs given the settlement offer that was rejected. The primary concern was whether the costs claimed by Harding were reasonable and necessary, and if so, what amount should be awarded. The Tribunal also needed to consider the relevant statutory provisions and any applicable case law or precedents to guide its decision.

The Tribunal exercised its discretion under section 50(2) of the Civil and Administrative Tribunal Act 2013 to dispense with a hearing on the costs issue, finding it unnecessary given the circumstances. The parties were provided with additional time to submit their respective costs submissions. The Tribunal ultimately determined that the costs claimed by Harding were reasonable and necessary, awarding a total of $16,500. The respondent was ordered to pay these costs within one calendar month, by 30 July 2022.

The Tribunal’s orders included extending the deadlines for the submission of costs arguments, setting the amount of costs to be paid by the respondent, and stipulating a timeline for payment. The Tribunal's decision reflects a balanced consideration of the procedural aspects and the substantive issues of costs in the context of the proceedings.