Duplex Australia Pty Limited v Hathaway No 2 [2025] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Duplex Australia Pty Limited v Hathaway No 2 [2025] NSWCATAP 11 Hearing dates: On the papers Date of orders: 13 January 2025 Decision date: 13 January 2025 Jurisdiction: Appeal Panel Before: P H Molony, Senior Member D G Fairlie, Senior Member Decision: (1) The Appeal Panel dispenses with a hearing with respect to the costs issues in the appeal. (2) The appeal against the costs order made by the Tribunal on 18 June 2024 is dismissed. (3) The appellant builder shall pay the respondent homeowners' costs of the appeal on the ordinary basis as agreed or assessed. Catchwords: Costs – claim determined in Commercial and Consumer Division for an amount in excess of $30,000 – application of rule 38 Civil and Administrative Tribunal Rules 2014 (NSW) and rule 38A on internal appeal – whether rules 38 and 38A inconsistent with s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – no inconsistency Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bark N Purr Pets Pty Ltd v Moussad [2024] NSWCATAP 201 at [13-14]; Dr N Kalokerinos Pty Ltd v Jain (No 2) [2024] NSWSC 1450 Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 Hawach v A & A Building Services Pty Ltd (No 2) [2024] NSWCATAP 234 Selkirk v The Owners Strata Plan No 2661 [No 2] [2024] NSWCATAP 44 Texts Cited: None Category: Costs Parties: Duplex Australia Pty Limited (Appellant) Jade Hathaway (First Respondent) Jacinta Harrison (Second Respondent) Representation: Counsel: I Chatterjee (First and Second Respondents)