De Marco v Macey (No 2) [2021] NSWCATAP 354

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: De Marco v Macey (No 2) [2021] NSWCATAP 354 Hearing dates: On the papers Date of orders: 09 November 2021 Decision date: 09 November 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G K Burton SC, Senior Member Decision: (1) Order that the appellant pay the respondents' costs of the appeal on the ordinary basis as agreed or assessed. Catchwords: COSTS — Party/Party — Appeals — application for indemnity costs — no reasonable prospects of success Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Act (NSW) Home Building Act 1989 (NSW) Cases Cited: De Marco v Macey [2021] NSWCATAP 291 Mendonca v Tonna [2017] NSWCATAP 176 Texts Cited: Nil Category: Costs Parties: Godfrey Charles De Marco (Appellant) David Macey (First Respondent) Debbie Macey (Second Respondent) Representation: Counsel: C Lambert (Appellant) C Mobellan (Respondents) Solicitors: Tibby Morgenstern Solicitors (Appellant) Comino Prassas Solicitors (Respondents) File Number(s): 2020/00370959 (AP 20/33463) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 08 July 2020 Before: C Paull, Senior Member File Number(s): HB 19/08505