The Owners SP 89023 v AT Building Pty Ltd (No 2) [2019] NSWCATAP 215

The Owners SP 89023 v AT Building Pty Ltd (No 2) [2019] NSWCATAP 215

Because rules 38(2)(b) and 38A applied, the Appeal Panel was not required to find special circumstances before awarding costs. The appellant failed on all five appeal grounds, the appeal was dismissed, no disentitling conduct by the respondents was asserted or established, and no other factor displaced the usual position that the successful respondents should recover their costs of and incidental to the appeal on the ordinary basis as agreed or assessed.

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Costs Application in a Home Building Internal Appeal / Appeal Panel Determination on the Papers After Dismissal of Appeal
Outcome
Respondents awarded costs of the appeal on the ordinary basis; hearing dispensed with.
Legal Topics
['costs of Appeal' 'ordinary Basis Costs' 'special Circumstances' 'determination on the Papers' 'consumer and Commercial Division Internal Appeals']
['costs' 'home Building' 'civil Procedure'] ['costs of Appeal' 'ordinary Basis Costs' 'special Circumstances' 'determination on the Papers' 'consumer and Commercial Division Internal Appeals']

Case Brief

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Procedural Posture

Costs Application in a Home Building Internal Appeal / Appeal Panel Determination on the Papers After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the question of costs could be determined on the papers without a further hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether s60 of the Civil and Administrative Tribunal Act 2013 (NSW) applied or was displaced by Rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW).' 'Whether the respondents, as the successful parties in the appeal, should receive costs of and incidental to the appeal on the ordinary basis as agreed or assessed.']

Ratio Decidendi

Because rules 38(2)(b) and 38A applied, the Appeal Panel was not required to find special circumstances before awarding costs. The appellant failed on all five appeal grounds, the appeal was dismissed, no disentitling conduct by the respondents was asserted or established, and no other factor displaced the usual position that the successful respondents should recover their costs of and incidental to the appeal on the ordinary basis as agreed or assessed.

Court Disposition

Respondents awarded costs of the appeal on the ordinary basis; hearing dispensed with.

Orders

  • ['A hearing is dispensed with pursuant to s50(2) Civil and Administrative Tribunal Act.' 'The Owners-SP 89023 must pay the respondents costs of and incidental to appeal AP 19/00156 on the ordinary basis as agreed or assessed.']