Sydney Building Defects Inspections and Reports Pty Ltd v Thomas [2018] NSWCATCD 65

Sydney Building Defects Inspections and Reports Pty Ltd v Thomas [2018] NSWCATCD 65

No special circumstances were established warranting an order for costs, and the application for costs was dismissed. An order dispensing with a hearing was made as the issues could be adequately determined based on written submissions.

Parties
Applicant/respondent for Costs: Sydney Building Defects Inspections and Reports Pty Ltd; Respondents/applicants for Costs: Barbara and Ronald Thomas
Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Civil / Post Dismissal Costs Application
Outcome
application for costs dismissed
Legal Topics
Special Circumstances for Costs, Tribunal Procedure, Jurisdiction
Costs Special Circumstances for Costs Tribunal Procedure Jurisdiction

Case Brief

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Parties

Sydney Building Defects Inspections and Reports Pty Ltd

Applicant/respondent for Costs

Barbara and Ronald Thomas

Respondents/applicants for Costs

Procedural Posture

Civil / Post Dismissal Costs Application

Legal Issues

  1. 1 Whether a hearing on costs should be dispensed with
  2. 2 Whether special circumstances warrant an order for costs

Ratio Decidendi

No special circumstances were established warranting an order for costs, and the application for costs was dismissed. An order dispensing with a hearing was made as the issues could be adequately determined based on written submissions.

Court Disposition

application for costs dismissed

Orders

  • A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.
  • The application for costs is dismissed.