Toms v Dev Constructions (NSW) Pty Ltd (No 4); Dev Constructions (NSW) Pty Ltd v Toms (No 4) [2024] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toms v Dev Constructions (NSW) Pty Ltd (No 4); Dev Constructions (NSW) Pty Ltd v Toms (No 4) [2024] NSWCATCD 36 Hearing dates: On the papers Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) Alexy Toms and Sheeja Abraham are to pay $91,257.25 to Dev Constructions (NSW) Pty Ltd immediately. (2) A hearing of the costs of the two proceedings is dispensed with. (3) Alexy Toms and Sheeja Abraham are to pay the costs of Dev Constructions (NSW) Pty Ltd in proceedings 2023/00373378 (formerly HB 23/44431) other than the costs relating to its refusal to grant them access to their property between March and May 2022 on the ordinary basis as agreed or assessed in accordance with the applicable costs legislation. (4) Dev Constructions (NSW) Pty Ltd is to pay 50% of the costs of Alexy Toms and Sheeja Abraham in proceedings 2023/00373706 (formerly HB 23/44435) as agreed or assessed in accordance with the applicable costs legislation. Catchwords: COSTS — application for costs by the builder – principles – builder awarded costs in its proceedings – owners awarded 50% of costs in their proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50 Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: Thompson v Chapman [2016] NSWCATAP 6 Vella v Mir (No 3) [2020] NSWCATAP 17 Texts Cited: None cited Category: Costs Parties: 2023/00373706: Alexy Toms and Sheeja Abraham (Applicants) Dev Constructions (NSW) Pty Ltd (Respondent)