Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2025] NSWCATAP 9

Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2025] NSWCATAP 9

There was insufficient evidence before the Appeal Panel to determine whether the amount claimed or in dispute exceeded $30,000 for the purposes of r 38. Accordingly, the determination of costs is to be remitted to the Tribunal when it redetermines the substantive dispute, with the issue of a hearing on costs dispensed with under s 50(1)(c).

Parties
Appellant: Roxy Pacific Killara Pty Ltd; Respondent: The Owners – Strata Plan 10053
Jurisdiction
Australia
Judgment Date
08 January 2025
Procedural Posture
Appeal / Costs Determination After Remittal of Substantive Appeal Decision
Outcome
Determination of costs application remitted to the Tribunal; hearing on costs dispensed with.
Legal Topics
Home Building Act 1989 (nsw), Costs, Work Orders and Money Orders, Defective Building Work
Building and Construction Home Building Act 1989 (nsw) Costs Work Orders and Money Orders Defective Building Work

Case Brief

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Parties

Roxy Pacific Killara Pty Ltd

Appellant

The Owners – Strata Plan 10053

Respondent

Procedural Posture

Appeal / Costs Determination After Remittal of Substantive Appeal Decision

Legal Issues

  1. 1 Whether hearing on costs should be dispensed with under s 50(1)(c) Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the amount in dispute met threshold under r 38 Civil and Administrative Tribunal Rules 2014 for awarding costs without special circumstances
  3. 3 Whether determination of costs should be remitted to Tribunal after redetermination of primary proceedings

Ratio Decidendi

There was insufficient evidence before the Appeal Panel to determine whether the amount claimed or in dispute exceeded $30,000 for the purposes of r 38. Accordingly, the determination of costs is to be remitted to the Tribunal when it redetermines the substantive dispute, with the issue of a hearing on costs dispensed with under s 50(1)(c).

Court Disposition

Determination of costs application remitted to the Tribunal; hearing on costs dispensed with.

Orders

  • A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.
  • Remit the determination of the issue of the costs of the appeal, if pressed, to the Tribunal once the primary proceedings have been redetermined, with the admission of relevant new evidence on the issue of costs at the discretion of the Tribunal redetermining the matter.