Hanson v Metricon Homes Pty Ltd (No 2) [2019] NSWCATAP 214

Hanson v Metricon Homes Pty Ltd (No 2) [2019] NSWCATAP 214

Because the appeal was in respect of proceedings where the amount claimed or in dispute exceeded $30,000, rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 permitted a costs order without special circumstances. Metricon was successful on every issue in the appeal, including opposing the adjournment and stay applications and defeating the procedural fairness and leave grounds. The Owners' renewed complaints about the first instance hearing, defects and incomplete works, and their financial hardship were not relevant to whether Metricon should receive its appeal costs. There was no basis to depart from the usual order that the successful party be compensated for costs...

Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Costs Application in an Appeal in NCAT Appeal Panel Proceedings / After Appeal Dismissed; Costs Determined on the Papers
Outcome
Costs application allowed; hearing on costs dispensed with; appellants ordered to pay the respondent's costs of the appeal as agreed or assessed.
Legal Topics
['costs of Appeal' 'dispensing With Hearing' 'successful Party Costs' 'ncat Costs Discretion']
['civil Procedure' 'costs' 'consumer and Commercial' 'home Building'] ['costs of Appeal' 'dispensing With Hearing' 'successful Party Costs' 'ncat Costs Discretion']

Case Brief

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Procedural Posture

Costs Application in an Appeal in NCAT Appeal Panel Proceedings / After Appeal Dismissed; Costs Determined on the Papers

Legal Issues

  1. 1 ['Whether a hearing on the question of costs of the appeal should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' "Whether the appellants should pay the respondent's costs of the appeal."]

Ratio Decidendi

Because the appeal was in respect of proceedings where the amount claimed or in dispute exceeded $30,000, rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 permitted a costs order without special circumstances. Metricon was successful on every issue in the appeal, including opposing the adjournment and stay applications and defeating the procedural fairness and leave grounds. The Owners' renewed complaints about the first instance hearing, defects and incomplete works, and their financial hardship were not relevant to whether Metricon should receive its appeal costs. There was no basis to depart from the usual order that the successful party be compensated for costs...

Court Disposition

Costs application allowed; hearing on costs dispensed with; appellants ordered to pay the respondent's costs of the appeal as agreed or assessed.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs of the appeal is dispensed with.' "The appellants are to pay the respondent's costs of the appeal as agreed or assessed."]