Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54

Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54

The homeowner was the successful party on appeal because she established breach of the statutory warranty concerning the shower recess and obtained a work order requiring rectification. Although she failed on eleven of twelve appeal grounds, no particular issue was clearly dominant or separable and the failed grounds did not significantly increase the time taken to hear the appeal. The alleged filing of fresh evidence did not justify depriving her of costs because she had not had an opportunity to respond, the builder did not address that evidence, and the Appeal Panel did not consider it. The second respondent's success did not justify a different order because he provided no evidence of...

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Costs on Appeal in Home Building Proceedings / Appeal Panel Determination on the Papers
Outcome
Costs awarded to Thea Petropoulos against CPD Holdings Pty Ltd; hearing dispensed with.
Legal Topics
['costs on Appeal' 'successful Party Costs' 'separable Issues' 'work Order' 'statutory Warranties']
['civil Procedure' 'costs' 'home Building'] ['costs on Appeal' 'successful Party Costs' 'separable Issues' 'work Order' 'statutory Warranties']

Case Brief

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Procedural Posture

Costs on Appeal in Home Building Proceedings / Appeal Panel Determination on the Papers

Legal Issues

  1. 1 ['Whether the general principle that costs are awarded to the successful party should apply or whether there are separable issues justifying a discount or setting off approach.' 'Whether there are any other factors that militate against the awarding of costs to the successful party.']

Ratio Decidendi

The homeowner was the successful party on appeal because she established breach of the statutory warranty concerning the shower recess and obtained a work order requiring rectification. Although she failed on eleven of twelve appeal grounds, no particular issue was clearly dominant or separable and the failed grounds did not significantly increase the time taken to hear the appeal. The alleged filing of fresh evidence did not justify depriving her of costs because she had not had an opportunity to respond, the builder did not address that evidence, and the Appeal Panel did not consider it. The second respondent's success did not justify a different order because he provided no evidence of...

Court Disposition

Costs awarded to Thea Petropoulos against CPD Holdings Pty Ltd; hearing dispensed with.

Orders

  • ['A hearing is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'CPD Holdings Pty Ltd is to pay the costs of Thea Petropoulos of the Appeal Panel proceedings as agreed or, if not agreed, as assessed.']