Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46

Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46

The appropriate costs orders are: costs of appealed proceedings to be costs in the cause on rehearing, appellants' costs of appeal to be paid by the respondents as agreed or assessed—assessment to have regard to quantum, nature, and reasonableness of legal costs claimed and to appellants' partial self-representation—while the miscellaneous application for return of moneys paid under the set-aside order is referred for hearing in the Consumer and Commercial Division as the Appeal Panel is not best placed to determine factual issues about payments made.

Parties
First Appellant: Innovative Builders and Engineers Pty Ltd; Second Appellant: Mohd Ertaz Ul Chowdhury; First Respondent: Mahmudul Shah; Second Respondent: Syeda Begum
Jurisdiction
Australia
Judgment Date
06 March 2025
Procedural Posture
Appeal / Costs Determination and Consequential Orders Post Appeal
Outcome
Orders made as per reasons: no hearing on costs or moneys-refund; costs of appealed proceedings are costs in the cause on rehearing; appeal costs to appellants as agreed or assessed; application for return of moneys referred to Consumer and Commercial Division.
Legal Topics
Costs, Appeal, Consumer and Commercial Division, Self Represented Litigants
Civil Procedure Costs Appeal Consumer and Commercial Division Self Represented Litigants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Innovative Builders and Engineers Pty Ltd

First Appellant

Mohd Ertaz Ul Chowdhury

Second Appellant

Mahmudul Shah

First Respondent

Syeda Begum

Second Respondent

Procedural Posture

Appeal / Costs Determination and Consequential Orders Post Appeal

Legal Issues

  1. 1 What costs orders should be made in respect of the successful appeal and pending rehearing.
  2. 2 Whether the costs of the appeal should be fixed and in what amount.
  3. 3 Whether to refer the appellant's application for return of moneys paid under set-aside orders to Consumer and Commercial Division.

Ratio Decidendi

The appropriate costs orders are: costs of appealed proceedings to be costs in the cause on rehearing, appellants' costs of appeal to be paid by the respondents as agreed or assessed—assessment to have regard to quantum, nature, and reasonableness of legal costs claimed and to appellants' partial self-representation—while the miscellaneous application for return of moneys paid under the set-aside order is referred for hearing in the Consumer and Commercial Division as the Appeal Panel is not best placed to determine factual issues about payments made.

Court Disposition

Orders made as per reasons: no hearing on costs or moneys-refund; costs of appealed proceedings are costs in the cause on rehearing; appeal costs to appellants as agreed or assessed; application for return of moneys referred to Consumer and Commercial Division.

Orders

  • The Appeal Panel dispenses with a hearing with respect to the costs issues in the appeal and referral of appellant's miscellaneous application for the return of moneys to the Consumer and Commercial Division.
  • The costs of the appealed proceedings are costs in the cause on rehearing.