Qui v Balmoral Street Developments Pty. Ltd. (No 2) [2023] NSWCATAP 98

Qui v Balmoral Street Developments Pty. Ltd. (No 2) [2023] NSWCATAP 98

Since the amount in dispute in both the original and appeal proceedings exceeded $30,000, rule 38A was engaged, and costs should follow the event, leading to an order that the appellant pay the respondent's costs.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Appellant ordered to pay respondent's costs of the appeal on the ordinary basis.
Legal Topics
['costs' 'appeal' 'home Building Claims']
['administrative Law' 'consumer Law'] ['costs' 'appeal' 'home Building Claims']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether rule 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) is engaged for awarding costs' 'Whether costs should follow the event where the amount in dispute exceeds $30,000' 'Whether there are special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

Since the amount in dispute in both the original and appeal proceedings exceeded $30,000, rule 38A was engaged, and costs should follow the event, leading to an order that the appellant pay the respondent's costs.

Court Disposition

Appellant ordered to pay respondent's costs of the appeal on the ordinary basis.

Orders

  • ['A hearing of the application for costs is dispensed with.' "The appellant is to pay the respondent's costs of the appeal on the ordinary basis as agreed, or failing agreement as assessed."]