Citywide Developments Pty Ltd v Dawn Piebenga;; Dawn Piebenga v Citywide Developments Pty Ltd [2015] NSWCATCD 76

Citywide Developments Pty Ltd v Dawn Piebenga;; Dawn Piebenga v Citywide Developments Pty Ltd [2015] NSWCATCD 76

For the Builder's claim (over $30,000), it is appropriate to exercise discretion under s 60 and Rule 38 to order the Owner to pay 50% of the Builder's costs on the ordinary basis. For the Owner's claim (between $10,000 and $30,000), there is no basis for a costs order, as no party was wholly successful and circumstances do not warrant a discretionary order.

Parties
Applicant/cross Respondent: Citywide Developments Pty Ltd; Respondent/cross Applicant: Dawn Piebenga
Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Application for Costs (post Hearing) in Consumer and Commercial Division / Decision on Costs Following Judgment
Outcome
Partial costs order: Each party to pay own costs in HB 14/41322; 50% costs order in favour of Builder in HB 14/27779.
Legal Topics
Legal Costs, Rule 38 Discretion, Special Circumstances, Costs Following the Event
Administrative Law Legal Costs Rule 38 Discretion Special Circumstances Costs Following the Event

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Citywide Developments Pty Ltd

Applicant/cross Respondent

Dawn Piebenga

Respondent/cross Applicant

Procedural Posture

Application for Costs (post Hearing) in Consumer and Commercial Division / Decision on Costs Following Judgment

Legal Issues

  1. 1 Whether 'special circumstances' exist to warrant an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013 and/or Rule 38 of the Civil and Administrative Tribunal Rules 2014
  2. 2 Whether the Tribunal should exercise discretion to award costs where claim exceeds $30,000

Ratio Decidendi

For the Builder's claim (over $30,000), it is appropriate to exercise discretion under s 60 and Rule 38 to order the Owner to pay 50% of the Builder's costs on the ordinary basis. For the Owner's claim (between $10,000 and $30,000), there is no basis for a costs order, as no party was wholly successful and circumstances do not warrant a discretionary order.

Court Disposition

Partial costs order: Each party to pay own costs in HB 14/41322; 50% costs order in favour of Builder in HB 14/27779.

Orders

  • In matter number HB 14/41322 each party is to pay their own costs.
  • In matter number HB 14/27779 the respondent is to pay 50% of the applicant's costs of the proceedings on the ordinary basis as agreed or assessed.