Orell v Clas Concrete & Constructions Pty Ltd (No 2) [2024] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orell v Clas Concrete & Constructions Pty Ltd (No 2) [2024] NSWCATAP 261 Hearing dates: On the papers Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Principal Member E Bishop SC, Senior Member Decision: (1) A hearing of the application of the respondent in relation to the costs of the appeal lodged on 20 November 2024 is dispensed with. (2) The respondent is to pay the costs of the appeal of the appellant excluding the costs of and incidental to the documents lodged without the leave of the Appeal Panel on 13 December 2024 as agreed or assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: COSTS – application for costs by the respondent –application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 81 Civil and Administrative Tribunal Rules 2014 (NSW), r 38A Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Orell v Clas Concrete & Constructions Pty Ltd [2024] NSWCATAP 220 Timilty Constructions Pty Ltd v Culina (No 2) [2023] NSWCATAP 148 Texts Cited: None cited Category: Costs Parties: Fernando Orell (Appellant) Clas Concrete & Constructions Pty Ltd (Respondent) Representation: Counsel: M Fraser (Appellant)

Solicitors: Maxwell Berghouse & Ives Solicitors (Appellant) Project Lawyers (Respondent) File Number(s): 2024/00301229 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 July 2024 Before: R Titterton OAM, Senior Member File Number(s): 2023/00395951 (formerly HB 23/21318)