NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MDR Design and Construction Pty Ltd v Ferguson (No 2) [2024] NSWCATAP 81 Hearing dates: On the papers Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member P Durack SC, Senior Member Decision: The respondents shall pay one-half of the appellant's costs of the appeal as assessed or agreed. Catchwords: APPEAL – home building – costs of appeal – appellant successful on appeal-issue on appeal remitted for redetermination – appellant did not dispute that it should receive no more than one half of its costs due to disentitling conduct – respondents sought orders for costs of the appeal to follow ultimate outcome following redetermination Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Bondi Builders Pty Ltd v Dennis [2022] NSWCATAP 317 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 at [61]-[63] Manca v Tullipan Homes Pty Ltd (No 2) [2022] NSWCATAP 332 MDR Design and Construction Pty Ltd v Ferguson [2024] NSWCATAP 25 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: MDR Design and Construction Pty Ltd (Appellant) Susan Ferguson (First Respondent) Eric Ferguson (Second Respondent) Representation: Counsel: M J Connor (Appellant) T Davie (Respondents)
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