Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97

Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97

Because the amount in issue in both appeals exceeded $30,000, cl 20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) applied. Although both sides had some success, the owners' appeal was much more substantial than the builder's appeal in grounds, amounts, submissions and hearing time, and the appeals were significantly interrelated. The practical result of the builder's appeal was not in the owners' favour, so the owners were not entitled to all costs of that appeal; however, a single costs order reflecting the overall circumstances and mixed outcomes was appropriate. A fair and just order was that Champion Homes Sales Pty Ltd pay 80% of Adam Rekrut and Sandra Scott's...

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Costs Applications in NCAT Internal Appeals Arising From Home Building Proceedings / Appeal Panel Determination on the Papers After Principal Decision
Outcome
Hearing dispensed with; builder ordered to pay 80% of the owners' costs of both appeal proceedings.
Legal Topics
['ncat Internal Appeal Costs' 'costs Following the Event' 'separable Issues' 'mixed Success on Appeal' 'amount in Issue Exceeding $30, 000' 'dispensing With Hearing']
['civil Procedure' 'costs' 'consumer and Commercial' 'home Building'] ['ncat Internal Appeal Costs' 'costs Following the Event' 'separable Issues' 'mixed Success on Appeal' 'amount in Issue Exceeding $30,000' 'dispensing With Hearing']

Case Brief

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Procedural Posture

Costs Applications in NCAT Internal Appeals Arising From Home Building Proceedings / Appeal Panel Determination on the Papers After Principal Decision

Legal Issues

  1. 1 ['Whether a hearing should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the costs of the internal appeals were to be determined under r 38A(2) of the Civil and Administrative Tribunal Rules 2014 (NSW) by applying the first instance costs provisions.' 'Whether the amount in issue in each appeal exceeded $30,000 so that cl 20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) applied.' 'Whether costs should follow the event, be apportioned, or whether each party should bear its own costs given mixed success in the two appeals.' 'What single costs order was appropriate for interrelated appeals where the issues, submissions and hearing were dealt with together.']

Ratio Decidendi

Because the amount in issue in both appeals exceeded $30,000, cl 20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) applied. Although both sides had some success, the owners' appeal was much more substantial than the builder's appeal in grounds, amounts, submissions and hearing time, and the appeals were significantly interrelated. The practical result of the builder's appeal was not in the owners' favour, so the owners were not entitled to all costs of that appeal; however, a single costs order reflecting the overall circumstances and mixed outcomes was appropriate. A fair and just order was that Champion Homes Sales Pty Ltd pay 80% of Adam Rekrut and Sandra Scott's...

Court Disposition

Hearing dispensed with; builder ordered to pay 80% of the owners' costs of both appeal proceedings.

Orders

  • ['A hearing in respect of these costs applications is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Champion Homes Sales Pty Ltd is to pay 80% of the costs of Adam Rekrut and Sandra Scott of and incidental to proceedings AP 17/04738 and AP 17/09469 as agreed or assessed on...