Gaskell v Nazha [2021] NSWCATAP 406

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gaskell v Nazha [2021] NSWCATAP 406 Hearing dates: 13 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Ellis SC, Senior Member Decision: 1. Appeal allowed. 2. Order 2 made on 5 August 2021 in proceedings HB 18/12924 is varied by deleting the words "less $79,899" so it reads: "Sami Nazha must pay Aaron Gaskell's and Serena Bourke's costs of and incidental to their case against him in HB 18/12924 on the ordinary basis, such costs if not agreed to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014." 3. The parties are to pay their own costs of the appeal. 4. If either party seeks a different appeal costs order, the following orders apply: (a) Order 3 above ceases to have effect. (b) Any application for a different costs order is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days of the date of these orders. (c) Any response to an application for a different costs order is to be filed and serve, with evidence and submissions not exceeding five pages in length, within 14 days thereafter. (d) Any material in reply is to be filed and served within 7 days thereafter. Catchwords: APPEAL – Insurance proceeds for claim against builder - Irrelevant consideration for costs against director - Error of law - Costs order varied Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Legal Profession Uniform Law Application Act 2014 Cases Cited: Murphy v Lewkovitz; Lewkovitz v Murphy (No 2) [2021] NSWDC 516 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393 Category: Principal judgment Parties: Aaron Gaskell and Serena Bourke (Appellants) Sam Nazha (Respondent) Representation: Antunes Lawyers(Appellant) No appearance (Respondent) File Number(s): 2021/00251132 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 5 August 2021 Before: D Goldstein, Senior Member File Number(s): HB 18/12924