Chen v Jadco (NSW) Pty Ltd (No. 2) [2022] NSWCATCD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Jadco (NSW) Pty Ltd (No. 2) [2022] NSWCATCD 70 Hearing dates: Heard on the papers Date of orders: 05 April 2022 Decision date: 05 April 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. A hearing on a stay and costs is dispensed with pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013. 2. Jadco (NSW) Pty Ltd must pay Lili Chen the sum of $6,215.00 immediately. 3. Lili Chen must pay 85% of Jadco (NSW) Pty Ltd's costs of the proceedings, excluding its costs incurred in relation to her defects claim and her delayed completion claim, such costs if not agreed, to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014. 4. Jadco (NSW) Pty Ltd must pay Lili Chen her costs of and incidental to its stay application such costs, if not agreed, to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014. Catchwords: STAY – COSTS – Apportionment of costs – Rule 38 Civil and Administrative Rules 2014 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97 Thornton v Desire Constructions Pty Ltd [2020] NSWCATAP 116 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Nil Category: Procedural rulings Parties: Lili Chen (Applicant) Jadco (NSW) Pty Ltd (Respondent) Representation: Counsel: M Isaac (Applicant) W Marshall (Respondent)