Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 70

Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 70

The Appeal Panel does not have jurisdiction to set aside or stay costs orders made by a previous Appeal Panel pursuant to s 32(3) of the Civil and Administrative Tribunal Act 2013 (NSW). No special circumstances warranting a costs order have been established under s 60. Each party is to bear their own costs of the appeal proceedings.

Parties
Appellant (builder): John Laurence Hope; Respondent (homeowner): Matthew Hutchings; Respondent (homeowner): Victoria Hutchings; Appellant (homeowner): Matthew Hutchings; Appellant (homeowner): Victoria Hutchings; Respondent (builder): John Laurence Hope
Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Appeal / Application for Costs Following Appeal Determination
Outcome
Application for costs dismissed. Each party to bear their own costs of the appeal.
Legal Topics
Costs, Internal Appeals, Jurisdiction, Home Building Disputes
Administrative Law Civil Procedure Costs Internal Appeals Jurisdiction Home Building Disputes

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Parties

John Laurence Hope

Appellant (builder)

Matthew Hutchings

Respondent (homeowner)

Victoria Hutchings

Respondent (homeowner)

Matthew Hutchings

Appellant (homeowner)

Victoria Hutchings

Appellant (homeowner)

John Laurence Hope

Respondent (builder)

Procedural Posture

Appeal / Application for Costs Following Appeal Determination

Legal Issues

  1. 1 Whether the Appeal Panel has jurisdiction to set aside or stay a costs order made by a previous Appeal Panel
  2. 2 Whether a costs order should be made in the present appeal proceedings
  3. 3 Whether special circumstances warrant a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Appeal Panel does not have jurisdiction to set aside or stay costs orders made by a previous Appeal Panel pursuant to s 32(3) of the Civil and Administrative Tribunal Act 2013 (NSW). No special circumstances warranting a costs order have been established under s 60. Each party is to bear their own costs of the appeal proceedings.

Court Disposition

Application for costs dismissed. Each party to bear their own costs of the appeal.

Orders

  • An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • The application for costs and other orders are dismissed.