Hawach v A & A Building Services Pty Ltd (No 2) [2024] NSWCATAP 234

Hawach v A & A Building Services Pty Ltd (No 2) [2024] NSWCATAP 234

The respondent was wholly successful in the appeal and, as the amount in dispute exceeded $30,000, the general rule that costs follow the event applies pursuant to r 38A of the NCAT Rules; there is no reason to depart from this principle and the appellants are to pay the respondent's costs of the appeal.

Parties
First Appellant: Joseph Hawach; Second Appellant: Sarah Reimers; Respondent: A & A Building Services Pty Ltd
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Internal Appeal / Costs Determination After Appeal Dismissed
Outcome
Appeal costs ordered against appellants; oral hearing on costs dispensed with.
Legal Topics
Costs, Appeal Costs, Costs Follow the Event, NCAT Procedures
Civil Procedure Costs Appeal Costs Costs Follow the Event NCAT Procedures

Case Brief

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Parties

Joseph Hawach

First Appellant

Sarah Reimers

Second Appellant

A & A Building Services Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 Whether an order for costs should be made against the unsuccessful appellants in the appeal proceedings
  2. 2 Whether 'special circumstances' are required for a costs order in this internal appeal

Ratio Decidendi

The respondent was wholly successful in the appeal and, as the amount in dispute exceeded $30,000, the general rule that costs follow the event applies pursuant to r 38A of the NCAT Rules; there is no reason to depart from this principle and the appellants are to pay the respondent's costs of the appeal.

Court Disposition

Appeal costs ordered against appellants; oral hearing on costs dispensed with.

Orders

  • An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • The appellants, Joseph Hawach and Sarah Reimers, are to pay the costs of the respondent A & A Building Services Pty Ltd of the appeal proceedings as agreed or assessed on the ordinary basis.