Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 231

Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 231

Given that the amount in dispute exceeds the threshold in CAT Rule 38(2)(b), the Tribunal has discretion to award costs. The respondent is successful, and the work and disbursements claimed are reasonable with reductions for GST and solicitor/client costs; a further reduction was applied to the claim for personal losses. Costs are awarded to the respondent in the amount of $20,596.00.

Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Costs Determination / Post Dismissal of Main Claim
Outcome
Costs order made in favour of the respondent against the applicants.
Legal Topics
['costs' 'tribunal Discretion' 'party/party Costs' 'special Circumstances']
['civil Procedure'] ['costs' 'tribunal Discretion' 'party/party Costs' 'special Circumstances']

Case Brief

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Procedural Posture

Costs Determination / Post Dismissal of Main Claim

Legal Issues

  1. 1 ['Whether the respondent is entitled to an order for costs against the applicants under the relevant provisions of the Civil and Administrative Tribunal Act 2013 and Rules.']

Ratio Decidendi

Given that the amount in dispute exceeds the threshold in CAT Rule 38(2)(b), the Tribunal has discretion to award costs. The respondent is successful, and the work and disbursements claimed are reasonable with reductions for GST and solicitor/client costs; a further reduction was applied to the claim for personal losses. Costs are awarded to the respondent in the amount of $20,596.00.

Court Disposition

Costs order made in favour of the respondent against the applicants.

Orders

  • ['Miguel Ocana and Johanna Ocana to pay Roche Constructions Pty Ltd the sum of $20,596.00 with respect to costs within 28 days of the date of this order']