The Tribunal ordered indemnity costs against applicants who claimed approximately $100,000 but recovered only $2,200, having unreasonably refused a pre-litigation Calderbank offer of $22,360. Where Rule 38 of the NCAT Rules applies (claims over $30,000 in the Consumer and Commercial Division), the Tribunal confirmed it may award costs without establishing special circumstances under s 60 of the NCAT Act. A pending appeal does not bar determination of a costs application where no stay has been granted.
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