Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46 Hearing dates: On the papers Date of orders: 6 March 2025 Decision date: 06 March 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 and with respect to the referral of appellant's miscellaneous application for the return of moneys to the Consumer and Commercial Division. (2) The costs of the appealed proceedings are costs in the cause on rehearing. (3) The respondent homeowners shall pay the appellants' costs of the appeal as agreed or assessed. If assessed, the assessor is to have regard to the factors outlined in pars [16] and [37 – 53] of these reasons in determining fair and reasonable legal costs. (4) The appellants' miscellaneous application seeking an order for return of moneys paid to the homeowners under the original Tribunal order dated 20 December 2024 is referred to the Consumer and Commercial Division for hearing. Catchwords: Costs - rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 – appeal allowed - costs of appealed proceedings to be costs in the cause on rehearing – costs of appeal to follow the event – measure of costs recoverable by self-represented parties –where leave to be legally represented not sought or obtained – discretion to make costs orders – meaning of disbursements and out of pocket expenses. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 39 and 38A Civil Procedure Act 2005 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Cornucopia (Young) Pty Ltd v Ward t/as Newcastle Model Autosports and Hobbies [2024] NSWCATAP 59 Fifteenth Eestin Nominees Pty Ltd v Rosenberg (No 2) (2009) 24 VR 155; [2009] VSCA 178 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 N & T Buildings Pty Ltd v Ball [2018] NSWCATAP 83 Sethi v The Owners – Strata Plan 93392 (No 8) [2024] NSWSC 213 The Owners – Strata Plan No 21563 v Rutherford [2023] NSWCATAP 326 Texts Cited: Halsbury, Laws of Australia, Lexis Nexis Online Category: Costs Parties: Innovative Builders and Engineers Pty Ltd (First Appellant) Mohd Ertaz Ul Chowdhury (Second Appellant) Mahmudul Shah (First Respondent) Syeda Begum (Second Respondent) Representation: M Chowdhury (First Appellant) Second Appellant (Self-Represented) First Respondent (Self-Represented) M Shah (Second Respondent) File Number(s): 2024/00244876 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not published Date of Decision: 18 June 2024 Before: R C Titterton OAM, Senior Member File Number(s): 2023/00397159