Ashton v Stevenson; Stevenson v Ashton (No 2) [2021] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashton v Stevenson; Stevenson v Ashton (No 2) [2021] NSWCATAP 6 Hearing dates: On the papers Date of orders: 14 January 2021 Decision date: 14 January 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President T Simon, Principal Member Decision: (1) A hearing in respect to the question of damages and in respect to the questions of costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) In addition to the amount of $42,317.77 awarded by the Tribunal in the proceedings at first instance on 28 June 2018, Jacqueline Ashton is to pay Phillip Stevenson the sum of 8,833.50, immediately. (3) In respect of the proceedings HB 16/50587, the respondent Jacqueline Ashton is to pay the applicant Phillip Stevenson 50% of his costs, such costs to be as agreed or assessed on an ordinary basis. (4) In respect of the appeals AP 19/48919; AP 19/55511, AP 20/13241, Jacqueline Ashton is to pay Phillip Stevenson 50% of his costs, such costs to be as agreed or assessed on an ordinary basis. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – major defect – assessment of damages COSTS – Award based on issues Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWSCA 304 Calderbank v Calderbank (1975) 3 All ER 333 Ashton v Stevenson; Stevenson v Ashton [2020] NSWCATAP 233 James Fordham v Dewsash Pty Ltd t/as SP & W Hobson [2014] NSWCACD 1 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Stevenson v Ashton [2018] NSWCATCD 25 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: AP 19/48919 & AP 20/13241: Jacqueline Ashton (Appellant) Phillip Stevenson (Respondent)