Vahora v Clarendon Homes (NSW) Pty Ltd [2020] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vahora v Clarendon Homes (NSW) Pty Ltd [2020] NSWCATCD 14 Hearing dates: On the papers Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Principal Member Decision: 1. A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Clarendon Homes (NSW) Pty Ltd is to pay Shoaib Vahora's and Sana Shoaib Vahora's costs of and incidental to proceedings HB 17/25706 on the ordinary basis, as agreed or assessed. 3. Order 2 above does not apply to costs of and incidental to the directions hearing on 1 March 2019 and the preparation of the Amended Points of claim and Amended Scott Schedule referred to in the orders made on 1 March 2018. Catchwords: COSTS — Rule 38 — Successful party — Exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Gretton v Commonwealth of Australia [2007] NSWSC 149 Hawkesbury District Health Service Ltd v Chaker (No 2) [2011] NSWCA 30 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Macourt v Clark (No 2) [2012] NSWCA 411 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Ruddock v Vadarlis [2001] FCA 1865 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Sydney Ferries v Morton (No 2) [2010] NSWCA 238 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) (2011) 288 ALR 385 Texts Cited: Nil Category: Costs Parties: Shoaib Vahora (First Applicant) Sana Shoaib Vahora (Second Applicant) Clarendon Homes (NSW) Pty Ltd (Respondent) Representation: Birch Partners Lawyers (First and Second Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): HB 17/25706 Publication restriction: Nil