D&K Developments Pty Ltd v Tchetchenian [2019] NSWCATAP 47

D&K Developments Pty Ltd v Tchetchenian [2019] NSWCATAP 47

There was no denial of procedural fairness because the appellant was aware of its obligations, failed to file submissions or seek an extension, and did not pursue available remedies to participate in the costs process. The Tribunal's exercise of its discretion in making the costs order in favour of the respondents was appropriate, having regard to unchallenged findings and the principles relevant to costs orders in settled proceedings.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Appeal / Final Judgment (appeal Panel Decision)
Outcome
Appeal dismissed
Legal Topics
['procedural Fairness' 'costs Discretion' 'residential Building Disputes']
['administrative Law' 'costs'] ['procedural Fairness' 'costs Discretion' 'residential Building Disputes']

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Procedural Posture

Appeal / Final Judgment (appeal Panel Decision)

Legal Issues

  1. 1 ["Whether there was a denial of procedural fairness in making the costs order without the appellant's submissions being considered" 'Whether the Tribunal correctly exercised its costs discretion given the settlement of proceedings']

Ratio Decidendi

There was no denial of procedural fairness because the appellant was aware of its obligations, failed to file submissions or seek an extension, and did not pursue available remedies to participate in the costs process. The Tribunal's exercise of its discretion in making the costs order in favour of the respondents was appropriate, having regard to unchallenged findings and the principles relevant to costs orders in settled proceedings.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the respondents' cost of the appeal, as agreed or assessed on an ordinary basis."]