Manca v Tullipan Homes Pty Ltd (No 2) [2022] NSWCATAP 332

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manca v Tullipan Homes Pty Ltd (No 2) [2022] NSWCATAP 332 Hearing dates: On the papers Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member Decision: (1) The Notice of Appeal is amended to include a claim that the costs order of the Tribunal at first instance made on 10 March 2022 is set aside. (2) The costs order of the Tribunal at first instance made on 10 March 2022 is set aside and the issue of costs of the hearing at first instance is remitted to the Tribunal for reconsideration. (3) The respondent is to pay the appellant's costs of the appeal as agreed or assessed. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion – where an appeal is upheld and the proceedings remitted to the Consumer and Commercial Division for reconsideration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 35, 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Suitors' Fund Act 1951 (NSW) Cases Cited: Jamal v Secretary, Department of Health (1988) 14 NSWLR 252 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Manca v Tullipan Homes Pty Ltd [2022] NSWCATAP 296 Texts Cited: None cited Category: Costs Parties: Dion Robert Manca (Appellant) Tullipan Homes Pty Ltd (Respondent) Representation: Counsel: D F Feller SC and I George (Appellant) J Granger (Respondent)