Redmyre Group Pty Ltd v Stockman (No 2) [2023] NSWCATAP 342

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Redmyre Group Pty Ltd v Stockman (No 2) [2023] NSWCATAP 342 Hearing dates: On the papers Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: 1. A hearing of the respondent's application for vary order 3 made on 14 November 2023 is dispensed with. 2. Order 3 made on 14 November 2023 is varied by substituting the following order in its place: "The appellant is to pay the respondents' costs of, or incidental to, the appeal with such costs, if not agreed, to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW)." Catchwords: COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event – costs awarded against unsuccessful appellant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 35, 50, 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Home Building Act 1989 (NSW), s 48O Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] Vella v Mir (No 3) [2020] NSWCATAP 17 Texts Cited: None cited Category: Costs Parties: Redmyre Group Pty Ltd (Appellant) Andrew Stockman and Hieu-Duc Stockman (Respondents) Representation: Solicitors: HWL Ebsworth Lawyers (Respondents) File Number(s): 2023/00280808 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 May 2023; 22 June 2023 Before: D Goldstein, Senior Member File Number(s): HB 20/26413