Middleton v Wrona (No.3) [2023] NSWCATAP 341

Middleton v Wrona (No.3) [2023] NSWCATAP 341

There was no obvious inconsistency or accidental slip in order 3. The Costs Decision reasons expressly determined that the builder should receive 50% of his costs of the appeal, with allowance for the homeowners' success on the garage issue, and did not determine that the homeowners should recover any appeal costs from the builder. The proposed amendments would either confer a new substantive right on the homeowners to recover costs or deprive the builder of the costs right already ordered, which s 63 does not permit.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Application to Correct a Tribunal Decision Under S 63 of the Civil and Administrative Tribunal Act 2013 (nsw) / Appeal Panel; on the Papers
Outcome
Application dismissed.
Legal Topics
['power to Correct Errors in Decisions of the Tribunal' 'obvious Error' 'inconsistency Between Orders and Reasons' 'costs of Appeal Proceedings']
['practice and Procedure' 'costs'] ['power to Correct Errors in Decisions of the Tribunal' 'obvious Error' 'inconsistency Between Orders and Reasons' 'costs of Appeal Proceedings']

Case Brief

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Procedural Posture

Application to Correct a Tribunal Decision Under S 63 of the Civil and Administrative Tribunal Act 2013 (nsw) / Appeal Panel; on the Papers

Legal Issues

  1. 1 ["Whether order 3 of the Costs Decision contained an obvious error or inconsistency with the Tribunal's reasons within s 63 of the Civil and Administrative Tribunal Act 2013 (NSW)." 'Whether the proposed amendment would merely correct the text of the decision or would impermissibly alter a substantive costs outcome.']

Ratio Decidendi

There was no obvious inconsistency or accidental slip in order 3. The Costs Decision reasons expressly determined that the builder should receive 50% of his costs of the appeal, with allowance for the homeowners' success on the garage issue, and did not determine that the homeowners should recover any appeal costs from the builder. The proposed amendments would either confer a new substantive right on the homeowners to recover costs or deprive the builder of the costs right already ordered, which s 63 does not permit.

Court Disposition

Application dismissed.

Orders

  • ['The Tribunal dispenses with a hearing of the application to correct the decision of 4 September 2023 pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application to amend the orders made 4 September 2023 is dismissed.']