Effective Building and Construction Pty Ltd v Jangoshian [2022] NSWCATAP 401

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Effective Building and Construction Pty Ltd v Jangoshian [2022] NSWCATAP 401 Hearing dates: On the papers Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Sarginson, Senior Member Decision: (1) A hearing of the application for costs is dispensed with. (2) The first respondent is to pay 70%, and the appellant is to pay 30% of the second respondent's costs of the appeal as follows: (a) On the ordinary basis: (i) from institution of the appeal to 27 May 2022 (inclusive); and (ii) of the submissions on costs dated 23 June 2022. (b) On the indemnity basis for the legal services received on 14 July 2022. Catchwords: APPEAL – costs of appeal relating solely to apportionment of costs received by applicant at first instance as between respondents– "submitting appearance" by party successful party at first instance – whether that party ought succeed on costs where the appeal was resolved by consent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bright Build Pty Limited v The Owners – Strata Plan No 94514 [2021] NSWCATAP 163 BVT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 Carlson v ARA Engine Reconditioning Pty Ltd (No 2) [2020] NSWCATAP 39 Lou v IAG Limited t/as NRMA Insurance [2019] NSWCA 319 Moseley v AB (No 2) [2017] NSWSC 1812 Seller v Jones [2014] NSWCA 19 Texts Cited: None cited Category: Costs Parties: Effective Building and Construction Pty Ltd (Appellant) Alex Jangoshian (First Respondent) Rae Palma (Second Respondent) Representation: Counsel: J Young (Appellant) S Blackman (Second Respondent)