Robust Builders Pty Ltd v Bhardwaj (No 2) [2020] NSWCATAP 61

Robust Builders Pty Ltd v Bhardwaj (No 2) [2020] NSWCATAP 61

Owners were the successful parties and are entitled to costs on the ordinary basis. There were no special circumstances or delinquency by the builder to justify costs on an indemnity basis. The stay on the orders is lifted as the period for appeal to the Supreme Court has expired.

Jurisdiction
Australia
Judgment Date
17 April 2020
Procedural Posture
Appeal From Consumer and Commercial Division of the Civil and Administrative Tribunal / Costs Determination Following Dismissal of Appeal
Outcome
Appeal dismissed. Owners awarded costs. Stay lifted. Monies paid into Registry distributed to owners.
Legal Topics
['costs' 'statutory Warranty' 'appeal' 'stay of Orders']
['civil Procedure' 'home Building'] ['costs' 'statutory Warranty' 'appeal' 'stay of Orders']

Case Brief

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Procedural Posture

Appeal From Consumer and Commercial Division of the Civil and Administrative Tribunal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded and if so on what basis' 'Whether stay on orders should be lifted']

Ratio Decidendi

Owners were the successful parties and are entitled to costs on the ordinary basis. There were no special circumstances or delinquency by the builder to justify costs on an indemnity basis. The stay on the orders is lifted as the period for appeal to the Supreme Court has expired.

Court Disposition

Appeal dismissed. Owners awarded costs. Stay lifted. Monies paid into Registry distributed to owners.

Orders

  • ['A hearing on costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.' "The appellant must pay the respondents' costs of the Appeal proceedings on the ordinary basis, as agreed or assessed as set out in the legal costs legislation as defined in section 3A of the Legal...