Grantham & Precise Construction (NSW) Pty Ltd v One Water Naturally Pty Ltd [2021] NSWCATCD 19

Grantham & Precise Construction (NSW) Pty Ltd v One Water Naturally Pty Ltd [2021] NSWCATCD 19

Rule 38 did not apply because the amount claimed was more than $10,000 but not more than $30,000 and no order under Clause 10(2) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW) had been made. One Water's allegations of dishonesty, false or misleading claims and improper conduct were unsupported by evidence, and the Tribunal was not persuaded that any s 60(3) factor established special circumstances warranting an award of costs. The costs application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Costs Application / After Dismissal of the Substantive Proceedings
Outcome
The application of the respondent for costs is dismissed.
Legal Topics
['special Circumstances for Costs' 'ncat Costs Jurisdiction' 'rule 38 Costs Exception']
['costs' 'civil Procedure' 'consumer and Commercial Proceedings'] ['special Circumstances for Costs' 'ncat Costs Jurisdiction' 'rule 38 Costs Exception']

Case Brief

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Procedural Posture

Costs Application / After Dismissal of the Substantive Proceedings

Legal Issues

  1. 1 ['Whether special circumstances existed under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an award of costs to One Water.' 'Whether Rule 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) applied to permit a costs award without special circumstances.' 'Whether Mr Grantham or Precise conducted or prolonged the substantive proceedings in a manner warranting costs.']

Ratio Decidendi

Rule 38 did not apply because the amount claimed was more than $10,000 but not more than $30,000 and no order under Clause 10(2) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW) had been made. One Water's allegations of dishonesty, false or misleading claims and improper conduct were unsupported by evidence, and the Tribunal was not persuaded that any s 60(3) factor established special circumstances warranting an award of costs. The costs application was therefore dismissed.

Court Disposition

The application of the respondent for costs is dismissed.

Orders

  • ['The Application by One Water for costs is dismissed.']