Taylormade Residential Pty Ltd v Hoare [2021] NSWCATAP 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylormade Residential Pty Ltd v Hoare [2021] NSWCATAP 182 Hearing dates: On the papers Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Appeal Panel Before: P H Molony, Senior Member Decision: (1) An oral hearing of the appeal is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) Leave to appeal granted. (3) Appeal allowed. (4) Order 2 made by the Tribunal on 29 September 2020 is set aside, and in lieu thereof there is no order as to costs, with the intent that each party bear their own costs of the proceedings. (5) No order as to the costs of the appeal. Catchwords: APPEAL - Costs – Rule 38(2)(b) of the Civil and Administrative Tribunal Rules 2014 - whether actual costs of rectification in homebuilding dispute should be taken into account when determining amount truly claimed or in dispute - whether costs should have been ordered where substantive proceedings settled – whether proceedings unreasonably conducted by one party – whether conduct of one party prior to the commencement of proceedings relevant to assessment of reasonable conduct – appeal allowed – no order as to costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Limited v Baguley [2016] NSWCATAP 103 Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 House v R [1936] HCA 40; (1936) 55 CLR 499 Kiama Council v Grant [2006] NSWLEC 96 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Nichols v NFS Agribusiness Pty Ltd [2018] 97 NSWLR 691 One.Tel Limited v Commissioner of Taxation (2001) 101 FCR 548 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA Saravinovski v Saravinovski [2020] NSWSC 1232 Texts Cited: None Category: Principal judgment Parties: Taylormade Residential Pty Ltd (Appellant) Matthew Hoare and Jodie Hoare - (Respondents) Representation: Counsel: M J Heath (Appellant) C Carter (Respondent)