Reid & Robinson Builders Pty Ltd trading as John Robinson Elite Constructions v Cleal [2022] NSWCATAP 137

Reid & Robinson Builders Pty Ltd trading as John Robinson Elite Constructions v Cleal [2022] NSWCATAP 137

Rule 38A of the Civil and Administrative Tribunal Rules 2014 applied to the costs application as the proceedings were in the Consumer and Commercial Division and the amount claimed exceeded $30,000; thus, an order for costs in favour of the successful respondents (Homeowners) was appropriate, with no requirement to show special circumstances.

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Internal Appeal in the Civil and Administrative Tribunal of NSW / Costs Determination Following Dismissal of Appeal
Outcome
Costs application allowed against appellant
Legal Topics
['costs' 'appeals' 'statutory Interpretation']
['civil Procedure' 'consumer Law'] ['costs' 'appeals' 'statutory Interpretation']

Case Brief

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Procedural Posture

Internal Appeal in the Civil and Administrative Tribunal of NSW / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether Rule 38A or s 60 of the Civil and Administrative Tribunal Act 2013 governs the costs application' 'Whether the amount claimed or in dispute exceeds $30,000 for the purposes of Rule 38 and Rule 38A' 'Whether an order for costs or costs in the cause should be made']

Ratio Decidendi

Rule 38A of the Civil and Administrative Tribunal Rules 2014 applied to the costs application as the proceedings were in the Consumer and Commercial Division and the amount claimed exceeded $30,000; thus, an order for costs in favour of the successful respondents (Homeowners) was appropriate, with no requirement to show special circumstances.

Court Disposition

Costs application allowed against appellant

Orders

  • ["The Respondents' application for costs determined without an oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013." "The Appellant to pay the Respondents' costs of the appeal as agreed or assessed on a party and party basis."]