Houston v Phillips trading as Arise Building Services (No 2) [2025] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Houston v Phillips trading as Arise Building Services (No 2) [2025] NSWCATAP 22 Hearing dates: On the papers Date of orders: 31 January 2025 Decision date: 31 January 2025 Jurisdiction: Appeal Panel Before: M Deane, Senior Member G Burton SC, Senior Member Decision: 1. A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The Respondent is to pay the Applicant's costs of, or incidental to, the appeal with such costs, if not agreed, to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event – costs awarded in favour of successful applicant. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Houston v Phillips trading as Arise Building Services [2024] NSWCATAP 213 Khong v Southern Cross Joinery Pty Ltd [2021] NSWCATAP 392 Miwa Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816 Quest Rose Hill Pty Ltd v White [2010] NSWSC 1190 Vella v Mir (No 3) [2020] NSWCATAP 17 Texts Cited: nil Category: Costs Parties: Louise Houston (Appellant) NL Phillips & MR Phillips trading as Arise Building Services (Respondent) Representation: Counsel: Mr M Klooster (Appellant) Mr M Luitingh (Respondent)