Slotwinski v Nutek Constructions Pty Ltd [2021] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Slotwinski v Nutek Constructions Pty Ltd [2021] NSWCATAP 113 Hearing dates: On the papers Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Curtin SC, Senior Member Decision: In appeal 2019/00409603 (AP 19/52825): (a) A hearing is dispensed with. (b) The respondent is to pay the appellant's costs of the appeal in the sum of $2,542.15. (c) Orders 2 and 3 made by the Tribunal dated 6 January 2020 are set aside. (d) In lieu thereof the respondent is to pay the appellant's costs of the First Nutek Proceedings and the Remitted Proceedings as assessed or agreed on the ordinary basis other than the Transfer Application Costs referred to in Order 3. (e) Order 1 made by the Tribunal on 21st August 2018 in the First Nutek Proceedings (HB 16/25001) so far as it concerns the Transfer Application Costs is confirmed. In appeal 2020/00370940 (AP 20/32176): (a) The appeal is dismissed with no order as to costs. Catchwords: COSTS – party/party – successful defence by way of equitable set-off which extinguished the respondent's claim – costs should follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 81 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Badge Constructions Pty Ltd v Penbury Coast Pty Ltd [1999] SASC 6 Bonita v Shen [2016] NSWCATAP 159 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 274 Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158 Slotwinski v Nutek Constructions Pty Ltd [2020] NSWCATAP 216 The Owners – Strata Plan No 80412 v Vickery (Costs) [2020] NSWCATAP 48 Texts Cited: Nil Category: Costs Parties: Julia Slotwinski (Appellant) Nutek Constructions Pty Ltd (Respondent) Representation: Appellant (Self-Represented) Harrington Lawyers (Respondent) File Number(s): 2019/00409603 (AP 19/52825); 2020/00370940 (AP 20/32176) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 November 2019 Before: G Blake AM SC, Senior Member File Number(s): HB 16/25001; HB 19/30971