Craig & Davison v M2 Haus Pty Ltd (No 2) [2023] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Craig & Davison v M2 Haus Pty Ltd (No 2) [2023] NSWCATCD 46 Hearing dates: On the papers Date of orders: 03 April 2023 Decision date: 03 April 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2014, a hearing of the cost applications is dispensed with. (2) M2 Haus Pty Ltd is to pay Nathan Craig and Danielle Davison the sum of $4159.22 on or before 30 April 2023. (3) The Builder's claim for costs is dismissed. Catchwords: COSTS: Where Rule 38 applies and party has been successful Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules Cases Cited: Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: Nathan Craig & Danielle Davison M2 Haus Pty Ltd File Number(s): HB 22/08387 Publication restriction: unrestricted

REASONS FOR DECISION

Application 1. On 27 February 2023 the Tribunal made and published its decision in the substantive proceedings between the parties. The Tribunal noted that the applicant homeowners had been successful in their claim and said that, absent any offer more generous than that made by the Builder on 11 July 2022, the applicant homeowners would appear to be entitled to a cost order. The Tribunal invited the homeowners to make an application for costs and gave the Builder the right to respond. 2. Both parties have now sought a costs order. Neither has provided any evidence of any other relevant offer of settlement. 3. For the reasons set out below I have determined that the Builder should pay the applicant homeowners' costs in an amount of $4159.22.