Paraskevopoulos v Bajic (No. 2)

The case of Paraskevopoulos v Bajic (No. 2) involved a dispute between the plaintiffs, Phillip Paraskevopoulos, Margaret Paraskevopoulos, and Dobrinka Lazarevich, and the defendant, Alexsander Bajic. The matter before the Civil and Administrative Tribunal was a costs application by the plaintiffs, seeking to be reimbursed for their legal expenses incurred during the proceedings. The legal dispute originated from a series of matters, specifically HB 17/21112, HB 17/13535, and HB 17/40804, which were heard in the Civil and Administrative Tribunal of New South Wales.

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.