Brennan v Building Zone Constructions Pty Ltd (No. 2) [2022] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brennan v Building Zone Constructions Pty Ltd (No. 2) [2022] NSWCATAP 122 Hearing dates: On the papers Date of orders: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P Molony, Senior Member Decision: 1. A hearing of the question of the costs of the appeal is dispensed with. 2. Order 5, made on 31 March 2022 in this appeal, is set aside. 3. Each party is to pay their own costs of the appeal. Catchwords: COSTS - Appellants succeed on quantum, not liability - Appellants' evidence on quantum not considered at first instance - Error beyond the control of either party Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Category: Costs Parties: Gabrielle Brennan and Garin Clarke (Appellants) Building Zone Constructions Pty Ltd (Respondent) Representation: Colin Biggers & Paisley (Appellants) Mr D Murray (Respondent) File Number(s): 2022/0016187 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 December 2021 Before: R Notley, Senior Member File Number(s): HB 21/07056