Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7 Hearing dates: On the papers Date of orders: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: 1. The respondent is to pay the applicants' costs of and incidental to the proceedings, fixed in the amount of $4,400.00, within 28 days. Catchwords: COSTS — Party/Party — General rule that costs follow the event COSTS — Party/Party — Self represented litigant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 The Owners Strata Plan No 82306 v Anderson [2018] NSWCATCD 1 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: Bruce Russell and Virginia Russell (Applicants) David Perri trading as Ferral Concreting (Respondent) Representation: Self-Represented (Applicants) Hartmann & Associates Solicitors (Respondents) File Number(s): HB 22/12333 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. These reasons deal with the question of costs following the Tribunals principal judgment in the matter given on 10 November 2022. 2. The successful applicant seeks an order for costs. 3. Having considered the submissions of the applicant dated 16, 22 and 28 November (including attachments) and the respondent dated 13 December for the reasons set out below, I have determined that the respondent is to pay the applicants costs of their building expert witness, Bournelis of City Wide Building Consultants in the amount of $4400.00 within 28 days.