Fleming v Price [2012] NSWDC 114

Fleming v Price [2012] NSWDC 114

The Senior Member appropriately considered all evidence and exercised discretion within statutory powers in dismissing the appeal and awarding indemnity costs against the plaintiffs, as their claims lacked merit, were substantially unsuccessful, and resulted in disproportionate litigation expense relative to the outcome.

Parties
First Plaintiff: Gregory Fleming; Second Plaintiff: Zoe Fleming; Defendant: David Price t/as David Price Building Services
Jurisdiction
Australia
Judgment Date
16 August 2012
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Appeal From Consumer, Trader and Tenancy Tribunal, Costs Orders, Indemnity Costs
Civil Procedure Building and Construction Law Appeal From Consumer, Trader and Tenancy Tribunal Costs Orders Indemnity Costs

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Gregory Fleming

First Plaintiff

Zoe Fleming

Second Plaintiff

David Price t/as David Price Building Services

Defendant

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the findings regarding the defendant's involvement in residential building works constituted errors of law
  2. 2 Whether costs, including indemnity costs, should be awarded against plaintiffs who had partial success in their claim
  3. 3 Whether the Tribunal failed to consider crucial evidence regarding the defendant's involvement and liability

Ratio Decidendi

The Senior Member appropriately considered all evidence and exercised discretion within statutory powers in dismissing the appeal and awarding indemnity costs against the plaintiffs, as their claims lacked merit, were substantially unsuccessful, and resulted in disproportionate litigation expense relative to the outcome.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Plaintiffs pay defendant's costs