K & K Ventures Pty Ltd v Attar [2019] NSWCATAP 182

K & K Ventures Pty Ltd v Attar [2019] NSWCATAP 182

Given the respondent's capitulation on the central jurisdictional issue and the operation of Rules 38 and 38A, the usual order as to costs applies: the respondent must pay appellant's costs of the appeal and below, from the filing of points of claim asserting jurisdiction under the Home Building Act.

Parties
Appellant: K & K Ventures Pty Ltd; Respondent: Moudhi Attar
Jurisdiction
Australia
Judgment Date
18 July 2019
Procedural Posture
Appeal / Costs Determination Following Consent Orders on Appeal
Outcome
Costs awarded to Appellant
Legal Topics
Costs Discretion, Jurisdiction Under Home Building Act, Consumer Claims, Application of Tribunal Rules 38 and 38 a
Costs Tribunal Practice Costs Discretion Jurisdiction Under Home Building Act Consumer Claims Application of Tribunal Rules 38 and 38 a

Case Brief

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Parties

K & K Ventures Pty Ltd

Appellant

Moudhi Attar

Respondent

Procedural Posture

Appeal / Costs Determination Following Consent Orders on Appeal

Legal Issues

  1. 1 Whether the Respondent should pay the Appellant's costs of the appeal and proceedings below
  2. 2 Applicability of Tribunal Rules 38 and 38A to award costs in absence of special circumstances

Ratio Decidendi

Given the respondent's capitulation on the central jurisdictional issue and the operation of Rules 38 and 38A, the usual order as to costs applies: the respondent must pay appellant's costs of the appeal and below, from the filing of points of claim asserting jurisdiction under the Home Building Act.

Court Disposition

Costs awarded to Appellant

Orders

  • A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The Respondent is to pay the Appellant's costs of the appeal, including submissions on costs, as agreed or assessed, within 28 days of agreement or assessment.