Dick v Buildingwise Constructions Pty Ltd (No 3) [2024] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dick v Buildingwise Constructions Pty Ltd (No 3) [2024] NSWCATAP 7 Hearing dates: On the papers Date of orders: 17 January 2024 Decision date: 17 January 2024 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. A hearing is dispensed with. 2. The respondent is to pay the appellants' costs of the appeal on the ordinary basis as agreed or as assessed under the applicable costs legislation. 3. Pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW), we amend paragraph [18] of Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292 so as to read: "However, we decline to set aside order (2) made on 22 May 2023. That was an order relevantly ordering the appellants to pay the Builder's costs on the indemnity basis". Catchwords: PRACTICE AND PROCEDURE – costs – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50 Civil and Administrative Tribunal Rules 2014 (NSW), Pts 38, 38A Cases Cited: Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292 Dick v Buildingwise Constructions Pty Ltd [2023] NSWCATAP 214 Latoudis v Casey (1990) 170 CLR 435 Monie v Commonwealth of Australia (No.2) [2008] NSWCA 15 Oshlak v Richmond River Council [1998] HCA 11 Redmyre Group Pty Ltd v Stockman (No 2) [2023] NSWCATAP 342 The Owners SP 89023 v AT Building Pty Ltd (No 2) [2019] NSWCATAP 215 Vella v Mir (No 3) [2020] NSWCATAP 17 at [28]-[30]: Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113 Texts Cited: Nil Category: Principal judgment Parties: Brian William Dick (First Appellant) Catherine Maree Dick (Second Appellant) Buildingwise Construction Pty Ltd (Respondent) Representation: Counsel: A Justice (Appellants) P Folino-Gallo (Respondent)