S&J Harris Building Services Pty Ltd v Jacques [2023] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: S&J Harris Building Services Pty Ltd v Jacques [2023] NSWCATAP 35 Hearing dates: 16 January 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. In relation to the costs decision of the Tribunal in HB 21/17092: (a) the appeal is allowed; (b) order (2) of 23 August 2023 is set aside and in lieu thereof it is ordered that the respondent pay the applicant's costs as agreed or as assessed. 2. In relation to the costs decision of the Tribunal in relation to HB 21/19049. (a) leave to appeal is refused; (b) the appeal is otherwise dismissed. 3. In relation to this appeal, subject to order (4), the Appeal Panel orders the respondent to pay 80% of the costs of the appellant. 4. If the either party seeks some other costs order: (a) they must file with the Registry and give to the other party submissions within 14 days of these reasons; (b) the other party may respond within a further 14 days; (c) the other party may reply within a further 7 days. Catchwords: APPEAL – costs – application of r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) - application of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) - Legislation Cited: Civil and Administrative Tribunal 2013 Act (NSW) – ss 36, 50, 55, 60, 80; cl 12 of Sch 4 Civil and Administrative Rules 2014 (NSW) – r 38(2) Cases Cited: Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Limited v Baguley [2016] NSWCATAP 103 Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361 Health Care Complaints Commission v Emery (No. 2) [2017] NSWCATOD 23 Jacques v S&J Building Services Pty Ltd [2023] NSWCATAP 10 Jones v Bradley (No. 2) [2003] NSWCA 258 McPherson v Mace [2017 NSWCATAP 227 Monie v Commonwealth of Australia (No.2) [2008] NSWCA 15 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Saurine v Coral Homes Qld Pty Ltd [2015] NSWCATAP 147 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Tom v Jenkins (No 2) [2018] NSWCATCD 24 Texts Cited: Nil Category: Principal judgment Parties: S&J Harris Building Services Pty Ltd (Appellant) Theresa Jacques (Respondent) Representation: Solicitors: J Harris (Director) (Appellant) Beazley Lawyers (Respondent) File Number(s): 2022/00279784 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 23 August 2023 Before: D Goldstein, Senior Member File Number(s): HB 21/17092 and HB 21/19049