Day v Quince’s Quality Building Services Pty Ltd (No 2) [2021] NSWCATAP 373

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Day v Quince's Quality Building Services Pty Ltd (No 2) [2021] NSWCATAP 373 Hearing dates: On the papers Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member R C Titterton OAM, Senior Member Decision: (1) The proceedings be remitted to the Consumer and Commcercial Division of the Tribunal for redetermination in accordance with these reasons. (2) The respondent pay the appellants' costs of the appeal as agreed or as assessed. (3) There be no order as to costs in matter HB 20/43841. Catchwords: COSTS – discretion to award costs – general rule is each party is to pay their own costs – where party has been unsuccessful on some issues – where those issues have not significantly added to costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - s 38 Civil and Administrative Tribunal Rules (2014) NSW - r 38(2)(b) Cases Cited: Adrenaline Pty Ltd v Bathurst Regional Council (2015) 322 ALR 180 BCS Strata Management Pty Ltd v The Owners Corporation SP 61759 [2016] NSWCATAP 275 Day v Quince's Quality Building Services Pty Ltd [2021] NSWCATAP 296 Latoudis v Casey (1990) 170 CLR 53 Markinsky v Zammit [2016] NSWCATAP 253 Oshlack v Richmond River Council (1998) 193 CLR 72 Pateman v Higgin (1957) 97 CLR 521 Sabah Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Texts Cited: None cited Category: Costs Parties: Aron Day (First Appellant) Claire Day (Second Appellant) Quince's Quality Building Services Pty Ltd (Respondent) Representation: Counsel: D Hand (Appellants) A Joseph (Respondent)