Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Benth Holdings Pty Ltd t/as Gledswood Projects (No 2) [2023] NSWCATCD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Benth Holdings Pty Ltd t/as Gledswood Projects (No 2) [2023] NSWCATCD 49 Hearing dates: On the papers, last submissions received 30 December 2022 Date of orders: 11 April 2023 Decision date: 11 April 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing on the question of costs is dispensed with. (2) Actol Pty Ltd is to pay Daniel Pszczonka the costs incurred by Mr Pszczonka in defending the claim against him, to the extent that such costs were incurred independently of the defence of the claim against Rise Products Pty Ltd, such costs to be as agreed or assessed. (3) Otherwise, there will be no order as to costs in either proceedings. Catchwords: COSTS – Applicant successful on one of several claims, recovering 10% of total amount claimed – Issues separable, and those on which applicant failed were dominant and occupied most of the trial – Whether appropriate to deprive applicant of costs – Whether appropriate to order applicant to pay costs of respondent – Held appropriate that the respondent not be obliged to pay the applicant's costs but, in the absence of disentitling conduct, not appropriate to order that the applicant pay the respondent's costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Actol Pty Ltd v Rise Products; Rise Products v Benth Holdings Pty Ltd t/as Gledswood Projects [2022] NSWCATCD 150 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 2) [2019] NSWCA 19 Permanent Trustee Aust Ltd v FAI General Insurance Co Ltd (unreported, Hodgson CJ in Eq, NSWSC, 3 June 1998) Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54 Taylor v Clientel Developments Pty Ltd (No 2) [2020] NSWCATAP 240 Category: Costs Parties: HB 20/35833 Actol Pty Ltd (Applicant) Rise Products Pty Ltd (First Respondent) Daniel Pszczonka (Second Respondent) Benth Holdings Pty Ltd t/as Gledswood Projects (Fourth Respondent)