Rekrut v Champion Homes Sales Pty Ltd [2018] NSWCATAP 162

Rekrut v Champion Homes Sales Pty Ltd [2018] NSWCATAP 162

The partial setting aside of the principal decision and remittal of claims undermined the basis on which costs were originally determined; thus, the original costs orders must be set aside and reconsidered after resolution of remitted claims.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Appeal / Appeal Panel Determination of Appeal Against Costs Decision
Outcome
Appeal allowed; costs orders set aside; costs issue remitted for reconsideration with remitted claims.
Legal Topics
['appeal on Costs' 'remittal' 'home Building Act Claims']
['civil Procedure' 'tribunal Costs'] ['appeal on Costs' 'remittal' 'home Building Act Claims']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Determination of Appeal Against Costs Decision

Legal Issues

  1. 1 ['Whether the costs order should be set aside following partial setting aside of the principal substantive decision and remittal of claims']

Ratio Decidendi

The partial setting aside of the principal decision and remittal of claims undermined the basis on which costs were originally determined; thus, the original costs orders must be set aside and reconsidered after resolution of remitted claims.

Court Disposition

Appeal allowed; costs orders set aside; costs issue remitted for reconsideration with remitted claims.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' 'The appeal in AP18/10975 is allowed.' 'The Orders made on 12 February 2018 by Senior Member Boyce in proceedings HB 13/66604 are set aside.' 'Any claim for costs in respect of proceedings HB...