The Owners – Strata Plan No 89044 v Dreizi Constructions Pty Ltd [2022] NSWCATCD 147

The Owners – Strata Plan No 89044 v Dreizi Constructions Pty Ltd [2022] NSWCATCD 147

Both parties acted reasonably in commencing and conducting the proceedings, which were resolved by compromise without a hearing on the merits. Following established principles and discretion, no order as to costs is appropriate.

Parties
Applicant: The Owners – Strata Plan No 89044; Respondent: Dreizi Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Costs Application Following Settlement by Consent Orders in Tribunal Proceedings / Post Settlement; Determination of Costs
Outcome
Each party to bear its own costs
Legal Topics
Consent Orders, Costs Discretion, Settlement Without Hearing on Merits, Statutory Warranties
Costs Home Building Law Consumer and Commercial Consent Orders Costs Discretion Settlement Without Hearing on Merits Statutory Warranties

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Parties

The Owners – Strata Plan No 89044

Applicant

Dreizi Constructions Pty Ltd

Respondent

Procedural Posture

Costs Application Following Settlement by Consent Orders in Tribunal Proceedings / Post Settlement; Determination of Costs

Legal Issues

  1. 1 Should the tribunal dispense with an oral hearing on costs under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)?
  2. 2 Who is the 'successful party' for the purpose of costs?
  3. 3 Should costs be awarded where proceedings were resolved by consent orders and not by hearing on the merits?

Ratio Decidendi

Both parties acted reasonably in commencing and conducting the proceedings, which were resolved by compromise without a hearing on the merits. Following established principles and discretion, no order as to costs is appropriate.

Court Disposition

Each party to bear its own costs

Orders

  • The issue of costs is determined without an oral hearing in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Each party is to bear its own costs.