Houston v Phillips trading as Arise Building Services (No 2) [2025] NSWCATAP 22

Houston v Phillips trading as Arise Building Services (No 2) [2025] NSWCATAP 22

Where the amount in dispute in the appeal exceeded $30,000 and the Owner was wholly successful, costs follow the event and are to be awarded to the Owner. Neither pre-appeal Calderbank offers nor delivery charge disputes were relevant or disentitling. Costs should be assessed in accordance with Legal Profession Uniform Law Application Act 2014 (NSW) if not agreed.

Parties
Applicant: Louise Houston; Respondent: NL Phillips & MR Phillips trading as Arise Building Services
Jurisdiction
Australia
Judgment Date
31 January 2025
Procedural Posture
Internal Appeal / Determination of Costs Following Principal Appeal Decision
Outcome
Costs hearing dispensed with; costs of appeal awarded to applicant.
Legal Topics
Costs in Appeals, Consumer and Commercial Disputes, Residential Building Contracts
Civil Procedure Costs in Appeals Consumer and Commercial Disputes Residential Building Contracts

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Parties

Louise Houston

Applicant

NL Phillips & MR Phillips trading as Arise Building Services

Respondent

Procedural Posture

Internal Appeal / Determination of Costs Following Principal Appeal Decision

Legal Issues

  1. 1 Should a hearing on costs be dispensed with under s 50(2) Civil and Administrative Tribunal Act 2013?
  2. 2 Which legislative provisions and legal principles apply to the costs application?
  3. 3 Should the Tribunal make a costs order in appeal proceedings where amount in dispute exceeds $30,000?

Ratio Decidendi

Where the amount in dispute in the appeal exceeded $30,000 and the Owner was wholly successful, costs follow the event and are to be awarded to the Owner. Neither pre-appeal Calderbank offers nor delivery charge disputes were relevant or disentitling. Costs should be assessed in accordance with Legal Profession Uniform Law Application Act 2014 (NSW) if not agreed.

Court Disposition

Costs hearing dispensed with; costs of appeal awarded to applicant.

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 Applicant's costs of, or incidental to, the appeal with such costs, if not agreed, to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW).