Timilty Constructions Pty Ltd v Culina (No 2) [2023] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Timilty Constructions Pty Ltd v Culina (No 2) [2023] NSWCATAP 148 Hearing dates: On the papers Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member M Gracie, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act (2013) (NSW), dispense with a hearing on the costs of the appeal and determine the question of costs "on the papers". 2. Make no order as to costs, with the intention that each party pay its own costs of the appeal. Catchwords: COSTS - APPEAL – NCAT – whether amount in dispute on appeal was more than $30,000 – usual order under r 38 – whether disentitling conduct -apportionment of issues - appeal allowed in part - mixed success on appeal - exercise of discretion that each party pay their own costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: B&W Windows (Residential) Pty Ltd v Sibilia (No 2) [2002] NSWCATAP 7 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Golding v Vella (No 2) [2001] NSWSC 731 Hanave Pty Ltd v Wine Nomad Pty Ltd: WineNomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361 Hans-Egon Bruno Bernard Metzner & Anor v Jacqueline Rita Metzner [2021] NSWSC 1565 Hogan v Trustee of the Roman Catholic Church (No 2) [2006] NSWSC 74 at [40]; Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Latoudis v Casey [1990] HCA 59; 170 CLR 534 LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Oshlack v Richmond River Council [1998] HCA 11; (1989) 193 CLR 72 Smith v Giro Constructions Pty Ltd [2015] NSWCATAP 214 Thompson v Chapman [2016] NSCATAP 6 Timilty Constructions Pty Ltd v Culina [2023] NSWCATAP 28 Xiao v BCEG International (Australia) Pty Ltd (No 2) [2023] NSWCA 87 Texts Cited: None cited Category: Costs Parties: Timilty Constructions Pty Ltd (Appellant) Dean Culina (Respondent) Representation: Solicitors: WMD Law (Appellant) Snelgroves, Solicitors (Respondent) File Number(s): 2022/00213343 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 June 2022 Before: G Burton SC, Senior Member File Number(s): HB 21/19975