Thornton v Desire Constructions Pty Ltd [2020] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thornton v Desire Constructions Pty Ltd [2020] NSWCATAP 116 Hearing dates: 4 May 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Appeal Panel Before: T Simon. Principal Member D Goldstein. Senior Member Decision: (1) A hearing on the costs appeal is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The costs decision made on 20 March 2020 in the proceedings at first instance is set aside. (3) Desire Constructions Pty Ltd must pay Leanne Thornton the sum of $11,446.77 being her costs of the proceedings at first instance. (4) Leave to appeal is refused. Catchwords: APPEAL – Leave to Appeal Costs – When determination is to be made whether costs of the proceedings exceed $30,000.00 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Bonita v Shen [2016] NSWCATAP 159 Carlson v ARA Engine Reconditioning Pty Ltd (No 2) [2020] NSWCATAP 39 Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Owen v Kim [2017] NSWCATAP 26 Texts Cited: None cited Category: Principal judgment Parties: Leanne Thornton (Appellant) Desire Constructions Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/07864 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: Nil Date of Decision: 22 January 2020 Before: L Wilson. Senior Member File Number(s): HB 19/41686