Bondi Builders Pty Limited v Dennett [2022] NSWCATAP 317

Bondi Builders Pty Limited v Dennett [2022] NSWCATAP 317

Even if an error occurred in the Tribunal's summary of the factual basis for the costs order, any proper exercise of the discretion as to costs would have produced no different outcome; the Tribunal's decision to order the builder to pay 60% of the owners' costs was open in the circumstances and reflected proper discretion, with no miscarriage of justice or basis for leave to appeal.

Jurisdiction
Australia
Judgment Date
06 October 2022
Procedural Posture
Internal Appeal / Appeal Against Costs Order From Consumer and Commercial Division, Application for Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed; appellant to pay respondents’ costs of the appeal.
Legal Topics
['appeals' 'exercise of Discretion' 'costs Orders' 'leave to Appeal']
['civil Procedure' 'costs'] ['appeals' 'exercise of Discretion' 'costs Orders' 'leave to Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal / Appeal Against Costs Order From Consumer and Commercial Division, Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in the exercise of its discretion in making a costs order against the builder' "Whether the primary basis for the costs order was contrary to the Tribunal's findings" 'Whether there was a miscarriage of justice warranting leave to appeal']

Ratio Decidendi

Even if an error occurred in the Tribunal's summary of the factual basis for the costs order, any proper exercise of the discretion as to costs would have produced no different outcome; the Tribunal's decision to order the builder to pay 60% of the owners' costs was open in the circumstances and reflected proper discretion, with no miscarriage of justice or basis for leave to appeal.

Court Disposition

Leave to appeal refused; appeal dismissed; appellant to pay respondents’ costs of the appeal.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'The appellant is to pay the costs of the respondents, on the ordinary basis, as agreed or assessed.']