Duplex Australia Pty Limited v Hathaway No 2 [2025] NSWCATAP 11

Duplex Australia Pty Limited v Hathaway No 2 [2025] NSWCATAP 11

Rules 38 and 38A constitute exceptions to s 60 of the Act, and are valid rules under the Act, meaning costs may be awarded in excess of $30,000 without special circumstances. The Tribunal's original and appellate costs orders were proper, requiring the builder to pay homeowners' costs.

Parties
Appellant: Duplex Australia Pty Limited; First Respondent: Jade Hathaway; Second Respondent: Jacinta Harrison
Jurisdiction
Australia
Judgment Date
13 January 2025
Procedural Posture
Internal Appeal – Costs Determination / Appeal Panel Decision
Outcome
Appeal dismissed; costs awarded to respondent homeowners.
Legal Topics
Costs, Home Building Claims, Statutory Interpretation
Civil Procedure Costs Home Building Claims Statutory Interpretation

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Duplex Australia Pty Limited

Appellant

Jade Hathaway

First Respondent

Jacinta Harrison

Second Respondent

Procedural Posture

Internal Appeal – Costs Determination / Appeal Panel Decision

Legal Issues

  1. 1 Whether rule 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) are inconsistent with s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Appropriate costs outcome given proceedings in excess of $30,000

Ratio Decidendi

Rules 38 and 38A constitute exceptions to s 60 of the Act, and are valid rules under the Act, meaning costs may be awarded in excess of $30,000 without special circumstances. The Tribunal's original and appellate costs orders were proper, requiring the builder to pay homeowners' costs.

Court Disposition

Appeal dismissed; costs awarded to respondent homeowners.

Orders

  • The Appeal Panel dispenses with a hearing with respect to the costs issues in the appeal.
  • The appeal against the costs order made by the Tribunal on 18 June 2024 is dismissed.