Nutek Constructions Pty Ltd v Juno Australia Pty Ltd [2019] NSWCATAP 294

Nutek Constructions Pty Ltd v Juno Australia Pty Ltd [2019] NSWCATAP 294

Nutek was unsuccessful in proceedings HB 17/06469, and the Tribunal did not err in ordering it to pay the respondents' costs of those proceedings. However, the Tribunal's reasons did not support an order that those costs be paid on an indemnity basis, and were inconsistent with the formal order or gave no reasons for indemnity costs. That involved an error of law, and there was no basis to award indemnity costs, so the costs order was varied to delete the words "on an indemnity basis".

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Internal Appeal From Costs Order in NSW Civil and Administrative Tribunal Consumer and Commercial Division Proceedings / Appeal Panel Determined on the Papers
Outcome
Appeal allowed in part.
Legal Topics
['duty to Give Reasons' 'indemnity Costs' 'internal Appeals' 'discretionary Costs Orders' 'correction of Obvious Errors in Tribunal Decisions']
['administrative Law' 'costs' 'civil Procedure' 'home Building'] ['duty to Give Reasons' 'indemnity Costs' 'internal Appeals' 'discretionary Costs Orders' 'correction of Obvious Errors in Tribunal Decisions']

Case Brief

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Procedural Posture

Internal Appeal From Costs Order in NSW Civil and Administrative Tribunal Consumer and Commercial Division Proceedings / Appeal Panel Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal erred in treating Nutek as unsuccessful in proceedings HB 17/06469 despite its recovery of the Elite Payment in related proceedings HB 16/25001.' "Whether the respondents' conduct of the proceedings justified refusing or altering the costs order against Nutek." 'Whether the Tribunal failed to give adequate reasons, or made an inconsistent order, by ordering Nutek to pay costs on an indemnity basis.']

Ratio Decidendi

Nutek was unsuccessful in proceedings HB 17/06469, and the Tribunal did not err in ordering it to pay the respondents' costs of those proceedings. However, the Tribunal's reasons did not support an order that those costs be paid on an indemnity basis, and were inconsistent with the formal order or gave no reasons for indemnity costs. That involved an error of law, and there was no basis to award indemnity costs, so the costs order was varied to delete the words "on an indemnity basis".

Court Disposition

Appeal allowed in part.

Orders

  • ['Appeal allowed in part.' 'Vary Order 3 of the orders made by the Tribunal on 26 July 2018 by deleting the words "on an indemnity basis" so that Order 3 will be "The applicant is to pay the respondents\' costs as agreed or assessed."']