Whitehouse v Paradise Pools & Solar Pty Ltd [2022] NSWCATCD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitehouse v Paradise Pools & Solar Pty Ltd [2022] NSWCATCD 161 Hearing dates: On the papers Date of orders: 07 September 2022 Decision date: 07 September 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The application of the respondent for an order that the applicants are to pay its costs of proceedings HB 21/45097 is dismissed. (2) The applicants and the respondent are to pay their own costs of proceedings HB 21/45097. (3) The applicants are to pay the costs of the respondent of proceedings HB 22/20505 as agreed or assessed. Catchwords: COSTS – whether there are special circumstances warranting an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 35, 36, 39, 55, 60, 61 Civil and Administrative Tribunal Rules 2014 (NSW), rr 23, 38 Home Building Act 1989 (NSW) Cases Cited: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Knox v Bollen; Bollen v Knox [2018] NSWCATAP 106 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 ONE.TEL Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Shoal Bay Developments Pty Ltd v Community Association DP 270468 [2020] NSWCATAP 115 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 Vella v Mir (No 3) [2020] NSWCATAP 17 Category: Costs Parties: Scott Raymond Whitehouse, Melinda Kaye Whitehouse (Applicants) Paradise Pools & Solar Pty Ltd (Respondent) Representation: Solicitors: Conroy Stewart Spagnolo (Applicants) Glaser Lawyers (Respondent) File Number(s): HB 21/45097; HB 22/20505 Publication restriction: Nil