Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 70 Hearing dates: On the papers Date of orders: 22 March 2021 Decision date: 22 March 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Frost, 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 are 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: Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 19 Hutchings v Hope [2019] NSWCATAP 59 Category: Costs Parties: AP 20/03657: John Laurence Hope (Appellant)(Builder) Matthew Hutchings and Victoria Hutchings (Respondents) (Homeowners)

AP 20/05850: Matthew Hutchings and Victoria Hutchings (Appellants)(Homeowners) John Laurence Hope (Respondent) (Builder) Representation: AP 20/03657: Counsel: G Carolan (Appellant) T Davie (Respondents)