Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Paraskevopoulos v Bajic (No. 2) [2018] NSWCATCD 40 Hearing dates: On the papers Date of orders: 13 August 2018 Decision date: 13 August 2018 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), in respect of the application by Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich for their costs of the proceedings constituted by File Nos. HB 17/21112, HB 17/13535 and HB 17/40804, the Tribunal dispenses with a hearing requiring the parties to be present and proceeds to determine the costs application on the basis of the papers lodged with the Tribunal in accordance with orders 3, 4 and 5 of the Tribunal made on 22 May 2018.
(2) Alexsander Bajic is to pay the costs of Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich on the ordinary basis up to and including 24 January 2018 and thereafter on the indemnity basis as agreed or as assessed in accordance with the applicable costs assessment legislation.Catchwords: COSTS – exercise of discretion under Rule 38 -indemnity costs – effect of Calderbank offers Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Rules 2014 (NSW)Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333
Cultus Petroleum v OMV Australia [1999] NSWSC 435
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397
Jones v Bradley (No 2) [2003] NSWCA 258
Kursun v Gareffa (No 2) [2017] NSWCATCD 23
Latoudis v Casey (1990) 170 CLR 534
Mendonca v Tonna [2017] NSWCATAP 176
Miwa Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344
Nguyen v Perpetual Trustee Co Ltd; Perpetual Trustee Co Ltd v Nguyen [2015] NSWCATAP 264
Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816
Old v McInnes and Hodgkinson [2011] NSWCA 410
Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Rickard Constructions v Rickard Hails Moretti [2005] NSWSC 481
Ruddock v Vardalis (No 2) (2001) 115 FCR 229
SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323
Wentworth v Rogers [1999] NSWCA 403
Williams v Lewer [1974] 2 NSWLR 91Category: Costs Parties: Alexsander Bajic (applicant in HB 17/13535; respondent in HB 17/40804 & HB 17/21112)
Phillip Paraskevopoulos (applicant in HB 17/21112; respondent in HB 17/13535)
Margaret Paraskevopoulos (applicant in HB 17/40804)
Dobrinka Lazarevich (applicant in HB 17/40804)Representation: Counsel:
Solicitors:
M Klooster (applicants in HB 17/21112 & HB 17/40804 and respondent in HB 17/13535)
Lou Baker and Associates (applicant in HB 17/13535 and respondent in HB 17/21112 & HB 17/40804)
Mills Oakley
(applicants in HB 17/21112 & HB 17/40804 and respondent in HB 17/13535)
File Number(s): HB 17/13535; HB 17/21112; HB 17/40804 Publication restriction: Unrestricted
REASONS FOR DECISION
-
On 22 May 2018, my Orders and Reasons were published in the proceedings constituted by File Nos. HB 17/13535, HB 17/21112 and HB 17/40804.
-
The proceeding…
Continue reading Paraskevopoulos v Bajic (No. 2)
Sign in free to access the full text
- AGLC
- Paraskevopoulos v Bajic (No. 2) [2018] NSWCATCD 40
- Case
- [2018] NSWCATCD 40
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Tribunal needed to address was the extent to which the defendant, Alexsander Bajic, should be liable for the plaintiffs' costs under the applicable costs assessment legislation. The Tribunal had to consider whether the costs should be awarded on the ordinary basis or the indemnity basis, particularly after a certain date, and whether the Calderbank offers made by the parties had any bearing on the exercise of the Tribunal's discretion.
In determining the matter, the Tribunal exercised its discretion under the relevant provisions of the Civil and Administrative Tribunal Act 2013 (NSW) and considered the principles established in previous case law, including the effect of Calderbank offers. The Tribunal concluded that Alexsander Bajic should bear the plaintiffs' costs on the ordinary basis up to and including 24 January 2018, and thereafter on the indemnity basis as agreed or as assessed according to the applicable costs legislation. This decision was made without requiring the parties to be present, in accordance with the orders made on 22 May 2018.
In light of the Tribunal's decision, it was ordered that Alexsander Bajic was to pay the costs of Phillip Paraskevopoulos, Margaret Paraskevopoulos, and Dobrinka Lazarevich as outlined above.
Orders
Orders of the court
(1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), in respect of the application by Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich for their costs of the proceedings constituted by File Nos. HB 17/21112, HB 17/13535 and HB 17/40804, the Tribunal dispenses with a hearing requiring the parties to be present and proceeds to determine the costs application on the basis of the papers lodged with the Tribunal in accordance with orders 3, 4 and 5 of the Tribunal made on 22 May 2018.
(2) Alexsander Bajic is to pay the costs of Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich on the ordinary basis up to and including 24 January 2018 and thereafter on the indemnity basis as agreed or as assessed in accordance with the applicable costs assessment legislation.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.