Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis (No 2) [2022] NSWCATAP 95

Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis (No 2) [2022] NSWCATAP 95

The Tribunal exercised its discretion appropriately in determining that the homeowners were the successful party for costs purposes, and there was no error of law or basis for appellate intervention in the costs award or for leave to appeal. Mixed results do not warrant apportionment or reversal of the costs orders, as neither dominant nor clearly separable issues supported departure from general approach.

Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Internal Appeal / Appeal Panel Determination of Costs and Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed; costs orders made in substantive appeal
Legal Topics
['costs' 'appeal Procedure' 'consumer Law' 'home Building Disputes']
['civil Procedure'] ['costs' 'appeal Procedure' 'consumer Law' 'home Building Disputes']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel Determination of Costs and Leave to Appeal

Legal Issues

  1. 1 ['Whether Tribunal erred in awarding homeowners’ costs for their claim' 'Whether builder was the successful party on homeowners’ application' 'Appropriateness of costs orders where mixed success' "Whether builder should pay homeowners' costs on discrete issues"]

Ratio Decidendi

The Tribunal exercised its discretion appropriately in determining that the homeowners were the successful party for costs purposes, and there was no error of law or basis for appellate intervention in the costs award or for leave to appeal. Mixed results do not warrant apportionment or reversal of the costs orders, as neither dominant nor clearly separable issues supported departure from general approach.

Court Disposition

Leave to appeal refused; appeal dismissed; costs orders made in substantive appeal

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), hearing in respect of costs appeal dispensed with.' "The appellants (homeowners) are to pay the respondent's (builder) costs of the appeal as agreed or assessed in substantive appeal." 'Leave to appeal refused in costs appeal.' 'Costs...