Powered Projects Pty Ltd v Makis [2021] NSWCATCD 150

Powered Projects Pty Ltd v Makis [2021] NSWCATCD 150

The respondents did not establish special circumstances under s 60(2) Civil and Administrative Tribunal Act 2013 NSW to warrant a costs order; applicant acted in good faith, complied with directions, withdrew at an early stage, and nothing out of the ordinary occurred to justify departing from the general rule that each party bears their own costs.

Parties
Applicant: Powered Projects Pty Ltd; First Respondent: Sam Makis; Second Respondent: Sams Solar Pty Ltd
Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Application (consumer and Commercial Division, Costs) / Costs Determination Following Withdrawal of Application
Outcome
Respondents' application for costs dismissed; no order as to costs; each party to bear their own costs.
Legal Topics
Costs, Jurisdiction, Withdrawal of Proceedings, Consumer and Commercial Division Procedure
Civil Procedure Consumer Law Home Building Law Costs Jurisdiction Withdrawal of Proceedings Consumer and Commercial Division Procedure

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Parties

Powered Projects Pty Ltd

Applicant

Sam Makis

First Respondent

Sams Solar Pty Ltd

Second Respondent

Procedural Posture

Application (consumer and Commercial Division, Costs) / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether special circumstances exist warranting an award of costs under s 60(2) Civil and Administrative Tribunal Act 2013 NSW
  2. 2 Whether applicant's conduct justified a departure from the usual rule on costs in the Tribunal

Ratio Decidendi

The respondents did not establish special circumstances under s 60(2) Civil and Administrative Tribunal Act 2013 NSW to warrant a costs order; applicant acted in good faith, complied with directions, withdrew at an early stage, and nothing out of the ordinary occurred to justify departing from the general rule that each party bears their own costs.

Court Disposition

Respondents' application for costs dismissed; no order as to costs; each party to bear their own costs.

Orders

  • Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, the Tribunal dispenses with a hearing on the question of costs.
  • No order as to costs, with the intent that each party is to bear their own costs of the proceedings.