RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393 Hearing dates: On the papers Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Robertson, Senior Member Decision: (1) Pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing in respect of the costs of appeal AP 20/18109 (the costs appeal) is dispensed with. (2) The respondent's application for the costs of the costs appeal is dismissed. (3) There will be no order in respect of the costs of the costs appeal. Catchwords: APPEALS – Costs – Appeal against order for costs – Where appellant sought to reduce liability for costs by 30% which evidence disclosed would have been more than $30,000 – Civil and Administrative Rules 2014 (NSW) rule 38, rule 38A – Held, even on an appeal against an order for costs it is not practical to characterise costs as an amount "claimed" or "in dispute" in the proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Allen v Tricare (Hastings) Ltd [2017] NSWCATAP 25 Condensing Vaporisers Aust Pty Ltd t/as RJ Tinker & Son v FDC Construction & Fit-out Pty Ltd (No 2) (2014) 86 NSWLR 360 Dimitropoulos v Capital Construction Pty Ltd [2019] NSWCATAP 164 Jabulani v Walkabout II Pty Ltd [2016] NSWCA 267 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: None cited Category: Costs Parties: RBV Builders Pty Ltd (Appellant) George Chedra & Nerida Chedra (Respondents) Representation: Solicitors: Appellant (Self Represented) Adrian Batterby Lawyer (Respondents) File Number(s): 2020/00370740 (AP 20/18109) Publication restriction: N/A Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 7 April 2020 Before: D Goldstein, Senior Member File Number(s): HB 18/29213