Treadgold-Svir v Dynamik Constructions Pty Ltd (No 2) [2023] NSWCATAP 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Treadgold-Svir v Dynamik Constructions Pty Ltd (No 2) [2023] NSWCATAP 271 Hearing dates: On the papers Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Lo Surdo SC, Senior Member Decision: 1. The hearing of the application for costs and the application for a non-publication order is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The appellant is to pay 95% of the respondent's costs of the appeal proceedings, such costs to be as agreed or assessed on an ordinary basis. 3. Any application in connection with costs of the proceedings at first instance is to be first brought in the Consumer and Commercial Division. 4. The application by the appellant to have our reasons for decision bearing medium neutral citation Treadgold-Svir v Dynamik Constructions Pty Ltd [2023] NSWCATAP 216 redacted or otherwise removed from the Caselaw website is refused. Catchwords: COSTS – Applications by both parties – costs application includes appellant's costs of proceedings at first instance – failure to prosecute the application for costs of the proceedings at first instance despite directions made – failure to appeal default order made in the proceedings at first instance – inappropriateness of Appeal Panel dealing with costs of the proceedings at first instance in these circumstances – limited success of appellant in appeal proceedings – departure from the usual order that a successful party be entitled to the costs of the appeal where r 38 applies. PRACTICE AND PROCEDURE – non-publication order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Aerolink Air Services Pty Limited v Bankstown Airport Ltd (No. 2) [2019} NSWSC 183 Bonita v Shen [2016] NSWCATAP 159 Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Forest v Suzanne [2022] NSWCATAP 188 John Fairfax Publications Pty Ltd v Ryde Local Council [2005] NSWCA 101; (2005) 62 NSWLR 512 Thompson v Chapman [2016] NSCATAP 6 Treadgold-Svir v Dynamik Constructions Pty Ltd [2023] NSWCATAP 216 Texts Cited: Nil Category: Principal judgment Parties: Nadia Treadgold-Svir (Appellant)