Grantham & Precise Construction (NSW) Pty Ltd v One Water Naturally Pty Ltd [2021] NSWCATCD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grantham & Precise Construction (NSW) Pty Ltd v One Water Naturally Pty Ltd [2021] NSWCATCD 19 Date of orders: 19 May 2021 Decision date: 13 May 2021 Jurisdiction: Consumer and Commercial Division Before: P Moran, Senior Member Decision: The application of the respondent for costs is dismissed. Catchwords: COSTS - whether special circumstances exist Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Costs Parties: Murray Robert Grantham (First Applicant/First Costs Respondent) Precise Construction (NSW) Pty Limited (Second Applicant/Second Costs Respondent) One Water Naturally Pty Limited (Respondent/Costs Applicant) File Number(s): GEN20/27113 Publication restriction: Nil

REASONS FOR DECISION

Background and Costs Application 1. The Application in the substantive proceedings of Murray Robert Grantham (Mr Grantham) and Precise Constructions (NSW) Pty Limited (Precise) against One Water Naturally Pty Limited (One Water) was dismissed published in Reasons for Decision dated 18 January 2021 (January 2021 Decision). 2. Following publication of the January 2021 Decision the respondent, One Water, emailed the Tribunal and made an application for costs of the Tribunal proceedings (Costs Application). Included in the email were two documents, one headed "Costs Application. Submissions as to Costs Claimed" being 12 pages in length, the other headed "Cost Application. Respondent Submissions as to Costs Claimed" being 14 pages in length. I proceed on the basis of the 14 page document (Costs Submissions). 3. Following lodgement of the Costs Application by One Water the Tribunal wrote to Mr Grantham and Precise, being the parties against whom One Water sought costs, advising of the Costs Application, and providing a copy of the One Water 11 March email and its attachments including the Costs Submissions. The Tribunal directed that any submissions of Mr Grantham or Precise in reply to the Costs Submissions were to be lodged with the Tribunal and given to One Water within 14 days. The email further stated that, thereafter, the Tribunal would make a determination in relation to the Costs Application. 4. No submissions have been lodged with the Tribunal in reply by Mr Grantham or Precise.