Liu v Samuel Homes Pty Ltd (No.2) [2021] NSWCATCD 135

Liu v Samuel Homes Pty Ltd (No.2) [2021] NSWCATCD 135

Special circumstances existed in this matter due to respondent’s conduct in prolonging proceedings and causing extra costs; therefore, the successful applicant was entitled to a costs order under s.60(2) of the Civil and Administrative Tribunal Act 2013.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Civil Dispute (building Contract) / Costs Determination Following Principal Judgment
Outcome
Costs ordered in favour of applicant; respondent to pay applicant's costs as agreed or assessed.
Legal Topics
['special Circumstances for Costs' 'discretion in Awarding Costs' 'delay and Conduct Affecting Costs' 'assessment Under Legal Profession Uniform Application Act 2014']
['costs' 'building and Construction'] ['special Circumstances for Costs' 'discretion in Awarding Costs' 'delay and Conduct Affecting Costs' 'assessment Under Legal Profession Uniform Application Act 2014']

Source-derived case record

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Procedural Posture

Civil Dispute (building Contract) / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 ['Whether special circumstances exist for costs order under s.60(2) of the Civil and Administrative Tribunal Act 2013' "Appropriateness of awarding costs to successful applicant given respondent's conduct"]

Ratio Decidendi

Special circumstances existed in this matter due to respondent’s conduct in prolonging proceedings and causing extra costs; therefore, the successful applicant was entitled to a costs order under s.60(2) of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Costs ordered in favour of applicant; respondent to pay applicant's costs as agreed or assessed.

Orders

  • ["The respondent is to pay the applicant's costs as agreed or failing agreement as assessed under Part 4.3 Division 7 of the Legal Profession Uniform Application Act 2014." 'The costs agreed or assessed under order 1 shall be payable within 28 days of the agreement or assessment.']