James Fordham v Dewsash Pty Ltd t/as SP & W Hobson [2014] NSWCATCD 1

James Fordham v Dewsash Pty Ltd t/as SP & W Hobson [2014] NSWCATCD 1

Mr Fordham was substantially successful in the current proceedings and the District Court appeal, the amount claimed exceeded $30,000.00, there was no misconduct precluding costs on the usual basis, and Dewsash did not oppose the order; therefore Dewsash should pay Mr Fordham's costs on a party/party basis.

Jurisdiction
Australia
Judgment Date
09 January 2014
Procedural Posture
Costs Application in Consumer and Commercial Division Home Building Proceedings / Determined on the Papers
Outcome
Costs awarded to the applicant/cross-respondent.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'transitional Provisions for Incomplete Proceedings' 'tribunal Costs Discretion']
['costs' 'consumer and Commercial' 'home Building'] ['party/party Costs' 'costs Follow the Event' 'transitional Provisions for Incomplete Proceedings' 'tribunal Costs Discretion']

Case Brief

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Procedural Posture

Costs Application in Consumer and Commercial Division Home Building Proceedings / Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicant/cross-respondent should be awarded costs of the current proceedings, the District Court appeal and the original applications.' 'Whether the Tribunal had power to determine costs after abolition of the Consumer, Trader and Tenancy Tribunal and commencement of the Civil and Administrative Tribunal of New South Wales.']

Ratio Decidendi

Mr Fordham was substantially successful in the current proceedings and the District Court appeal, the amount claimed exceeded $30,000.00, there was no misconduct precluding costs on the usual basis, and Dewsash did not oppose the order; therefore Dewsash should pay Mr Fordham's costs on a party/party basis.

Court Disposition

Costs awarded to the applicant/cross-respondent.

Orders

  • ["The respondent /cross-applicant shall pay the applicant /cross-respondent's costs of the current proceedings, the District Court appeal and the original applications on a party/party basis, as agreed or assessed, by 7 February 2014."]