Rice v JR & SD Farmer t/a Urban Bespoke Homes; (No 2) [2021] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rice v JR & SD Farmer t/a Urban Bespoke Homes; (No 2) [2021] NSWCATAP 2 Hearing dates: On the papers Date of orders: January 2021 Decision date: 05 January 2021 Jurisdiction: Appeal Panel Before: T. Simon, Principal Member P H Molony, Senior Member Decision: (1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application for costs and other orders is dismissed. (3) Each party is to bear their own costs of the appeal in accordance with s 60 (1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014---Amount claimed or in dispute in appeal proceedings---Whether special circumstances must be established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 Cases Cited: Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Rice v JR & SD Farmer t/a Urban Bespoke Homes [2020] NSWCATAP 208 Category: Costs Parties: Spencer Rice (First Appellant) Elisha Rice (Second Appellant) JR & SD Farmer t/a Urban Bespoke Homes (Respondent) Representation: Solicitors: Whitehead Cooper Williams (Appellants) Respondents (Self-Represented) File Number(s): AP 19/57670 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 13 December 2019 Before: S F Smith File Number(s): HB19/09932 and HB 19/19180