Deutsch Services Pty Ltd v Apex Bespoke Building Pty Ltd (No 2) [2025] NSWCATAP 23

Deutsch Services Pty Ltd v Apex Bespoke Building Pty Ltd (No 2) [2025] NSWCATAP 23

Because the underlying claim exceeded $30,000, the Tribunal had a broad discretion to award costs. Deutsch Services Pty Ltd's application for leave to appeal failed entirely. Apex Bespoke Building Pty Ltd, as the successful party, should have its costs. No evidence of disentitling conduct was present; a costs order is appropriate.

Parties
Appellant: Deutsch Services Pty Ltd; Respondent: Apex Bespoke Building Pty Ltd
Jurisdiction
Australia
Judgment Date
03 February 2025
Procedural Posture
Appeal / Costs Determination After Refusal of Leave to Appeal
Outcome
Costs application granted in favour of respondent
Legal Topics
Costs, Appeal, Home Building, Leave to Appeal
Administrative Law Consumer Law Building and Construction Law Costs Appeal Home Building Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Deutsch Services Pty Ltd

Appellant

Apex Bespoke Building Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination After Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether a costs order should be made after refusal of leave to appeal
  2. 2 Applicability of Tribunal costs rules in home building claim exceeding $30,000
  3. 3 Whether special circumstances or rules displace usual costs provision

Ratio Decidendi

Because the underlying claim exceeded $30,000, the Tribunal had a broad discretion to award costs. Deutsch Services Pty Ltd's application for leave to appeal failed entirely. Apex Bespoke Building Pty Ltd, as the successful party, should have its costs. No evidence of disentitling conduct was present; a costs order is appropriate.

Court Disposition

Costs application granted in favour of respondent

Orders

  • Hearing of Apex Bespoke Building Pty Ltd's costs application is dispensed with.
  • Deutsch Services Pty Ltd is to pay Apex Bespoke Building Pty Ltd's costs of the appeal, on an ordinary basis, as agreed or assessed.