Nu-Stone Building Pty Ltd v McInerney; McInerney v Nu-Stone Building Pty Ltd (No 3) [2024] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nu-Stone Building Pty Ltd v McInerney; McInerney v Nu-Stone Building Pty Ltd (No 3) [2024] NSWCATAP 249 Hearing dates: On the papers Date of orders: 9 December 2024 Decision date: 09 December 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Principal Member Decision: (1) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 a hearing of the parties' respective costs applications is dispensed with. (2) The builder is to pay the homeowners' costs of proceedings HB 20/36393 and HB 20/15757 as agreed or assessed. (3) The homeowners are to pay 75% of the builder's costs of the appeals (2022/00037784 and 2022/00053249) as agreed or assessed. Catchwords: COSTS – Follow the event - Separable issues – No issue arising in proceedings at first instance dominant or separable so as to warrant order other than that costs should follow the event COSTS – Appeal and cross-appeal – Both appeals succeed – Overall outcome of appeals is substantial reduction in judgment sum – Impossible to identify separate costs of the appeal and the cross-appeal – Appropriate to discount costs order in favour of party with overall success on the appeal to take account of success of other party on their own appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 McIntyre v DRW Constructions Pty Ltd; DRW Constructions Pty Ltd v McIntyre [2018] NSWCATCD 58 Nu-Stone Building Pty Ltd v McInerney; McInerney v Nu-Stone Building Pty Ltd (No 2) [2024] NSWCATAP 87 TJM Holdings Pty Ltd v Woori International Pty Ltd (costs) [2024] NSWCATAP 99 Category: Costs Parties: 2022/00037784 Nu-Stone Building Pty Ltd (Appellant) Garry McInerney (First Respondent) Gladys McInerney (Second Respondent)