Powered Projects Pty Ltd v Makis [2021] NSWCATCD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Powered Projects Pty Ltd v Makis [2021] NSWCATCD 150 Hearing dates: On the papers Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Consumer and Commercial Division Before: D Charles – Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, the Tribunal dispenses with a hearing on the question of costs. 2. No order as to costs, with the intent that each party is to bear their own costs of the proceedings. 3. The respondents' application for costs of the proceedings is dismissed. Catchwords: COSTS — Transferred from General List to Home Building List - withdrawal by applicant — Respondents' application for costs refused — No special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Home Building Act 1989 NSW Civil and Administrative Tribunal Rules 2014 NSW Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No. 2) [2016] NSWCATAP 224 Diaspora Holdings Pty Ltd v Owners SP 68608 [2019] NSWCATAP 250 Pines Resort Management Pty Ltd t/as Gateway Lifestyle the Pines v Marsh [2019] NSWCATAP 12 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Texts Cited: Nil Category: Costs Parties: Powered Projects Pty Ltd (Applicant) Sam Makis (First Respondent) Sams Solar Pty Ltd (Second Respondent) Representation: Applicant (Self represented) S Makis (Respondent) File Number(s): HB 21/34008 Publication restriction: Nil