The Owners – Strata Plan 93804 v Hamilton (No. 2) [2020] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 93804 v Hamilton (No. 2) [2020] NSWCATCD 7 Hearing dates: Heard on the papers Date of orders: 6 February 2020 Decision date: 06 February 2020 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. A hearing on costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Hamilton & Marino Builders Pty Limited, H& M Constructions (NSW) Pty Limited and Oriosis Garden Pty Limited must pay The Owners – Strata Plan 93804 costs of the proceedings on the ordinary basis, such costs if not agreed to be assessed as set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 Catchwords: COSTS – Disentitling conduct – Offers of settlement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan 93804 (Applicant) Hamilton & Marino Builders Pty Limited (First Respondent) H& M Constructions (NSW) Pty Limited (Second Respondent) Oriosis Garden Pty Limited (Third Respondent) Representation: Counsel: Mr B. Le Plastrier (Third Respondent)