Rice v JR & SD Farmer t/a Urban Bespoke Homes; (No 2) [2021] NSWCATAP 2

Rice v JR & SD Farmer t/a Urban Bespoke Homes; (No 2) [2021] NSWCATAP 2

The Appeal Panel found that none of the matters raised by the homeowner, including the conduct of the builder or the granting of legal representation, constituted special circumstances warranting a departure from the ordinary rule that each party bears their own costs under s 60(1) of the Civil and Administrative...

Source-derived case information.

Parties
First Appellant: Spencer Rice; Second Appellant: Elisha Rice; Respondent: JR & SD Farmer t/a Urban Bespoke Homes
Jurisdiction
Australia
Judgment Date
05 January 2021
Procedural Posture
Appeal / Costs Application Following Appeal Determination
Outcome
Costs application dismissed; each party to bear their own costs.
Legal Topics
Costs, Home Building Disputes, Special Circumstances for Costs, Legal Representation in Tribunals
Civil Procedure Costs Home Building Disputes Special Circumstances for Costs Legal Representation in Tribunals

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Parties

Spencer Rice

First Appellant

Elisha Rice

Second Appellant

JR & SD Farmer t/a Urban Bespoke Homes

Respondent

Procedural Posture

Appeal / Costs Application Following Appeal Determination

Legal Issues

  1. 1 Whether special circumstances exist to justify a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether leave for legal representation or the builder’s conduct constitute special circumstances justifying costs

Ratio Decidendi

The Appeal Panel found that none of the matters raised by the homeowner, including the conduct of the builder or the granting of legal representation, constituted special circumstances warranting a departure from the ordinary rule that each party bears their own costs under s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Costs application dismissed; each party to bear their own costs.

Orders

  • An oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • The application for costs and other orders is dismissed.