Dick v Buildingwise Constructions Pty Ltd (No 3) [2024] NSWCATAP 7

Dick v Buildingwise Constructions Pty Ltd (No 3) [2024] NSWCATAP 7

The Homeowners were successful on appeal and, applying the compensatory principle and relevant rules, are entitled to their costs of the appeal. The Panel also found an error in its previous decision and exercised its power to amend the prior order under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
First Appellant: Brian William Dick; Second Appellant: Catherine Maree Dick; Respondent: Buildingwise Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
17 January 2024
Procedural Posture
Internal Appeal / Appeal Panel Decision Regarding Costs and Amendment
Outcome
Orders made dispensing with a hearing, awarding costs to the appellants, and amending the previous order pursuant to s 63 of the Act.
Legal Topics
Costs, Practice and Procedure, Amendment of Orders
Civil Procedure Costs Practice and Procedure Amendment of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Brian William Dick

First Appellant

Catherine Maree Dick

Second Appellant

Buildingwise Constructions Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision Regarding Costs and Amendment

Legal Issues

  1. 1 Whether the appellants (Homeowners) are entitled to their costs of the appeal
  2. 2 Whether the Appeal Panel should amend its earlier order under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Homeowners were successful on appeal and, applying the compensatory principle and relevant rules, are entitled to their costs of the appeal. The Panel also found an error in its previous decision and exercised its power to amend the prior order under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Orders made dispensing with a hearing, awarding costs to the appellants, and amending the previous order pursuant to s 63 of the Act.

Orders

  • A hearing is dispensed with.
  • The respondent is to pay the appellants' costs of the appeal on the ordinary basis as agreed or as assessed under the applicable costs legislation.