Cooper v JFW Constructions Pty Ltd [2020] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cooper v JFW Constructions Pty Ltd [2020] NSWCATAP 218 Hearing dates: 10 August 2020 Date of orders: 22 October 2020 Decision date: 22 October 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) Subject to order 4 below, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. (4) Order 3 above ceases to have effect if either party contends for a different costs order, in which case the following procedural directions apply: (a) Any application for a different costs order is to filed and served within 14 days of the publication of these orders and is to be supported by submissions not exceeding five pages in length and any evidence to be relied upon, including whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (b) Any response to the costs application(s) is to be filed and served 14 days thereafter and is to be supported by submissions not exceeding five pages in length and any evidence to be relied upon, including whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (c) Submissions in reply are to be filed and served within 7 days of receipt of submissions in response. Catchwords: APPEAL - Leave to appeal from decision on costs from Consumer and Commercial Division of NCAT - no question of law - usual order that costs follow the event - successful party - leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Collins v Urban [2014] NSWCATAP 17 Dimitropoulos v Capital Constructions Pty Ltd [2019] NSWCATAP 164 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259; (1993) 26 IPR 261 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Golding v Vella (No 2) [2001] NSWSC 731 House v King (1936) 55 CLR 499 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Mendonca v Tonna [2017] NSWCATAP 176 Northern Territory v Sangare [2019] HCA 19; 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Rekrut and Scott v Champion Homes Sales Pty Ltd [2018] NSWCATAP 97 Roads and Traffic Authority v McGregor (No 2) [2005] NSWCA 453 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256 Texts Cited: None cited Category: Principal judgment Parties: Craig Steven Cooper (Appellant) JFW Constructions Pty Ltd (Respondent) Representation: Counsel: N Seow (Appellant) J Mack (Respondent)