James Fordham v Dewsash Pty Ltd t/as SP & W Hobson [2014] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James Fordham v Dewsash Pty Ltd t/as SP & W Hobson [2014] NSWCATCD 1 Hearing dates: Determined on the papers Decision date: 09 January 2014 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: 1 The respondent /cross-applicant shall pay the applicant /cross-respondent's costs of the current proceedings, the District Court appeal and the original applications on a party/party basis, as agreed or assessed, by 7 February 2014. Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Consumer Trader and Tenancy Tribunal Act 2009 Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: James Fordham (Applicant / cross respondent) SP & W Hobson (Respondent / cross applicant) File Number(s): HB 12/43117 and HB 12/43122

reasons for decision

APPLICATION 1On 20 November 2013 I determined the current proceedings in favour of the applicant/cross-respondent (Mr Fordham) and ordered the respondent /cross-applicant (Dewsash) to pay Mr Fordham the sum of $82,010.05 by 16 December 2013. The current proceedings were before the Tribunal as a consequence of Mr Fordham's substantially successful appeal to the District Court in respect of decisions made by the Tribunal in the original proceedings, HB 09/25483 and HB10/21874. I ordered the parties to file and serve written submissions on costs by 23 December 2013 if they could not reach an agreement. The parties were also ordered to confirm whether they consented to having the question of costs dealt with on the papers. 2On 20 December 2013 Mr Fordham's solicitor wrote to the Tribunal enclosing a letter dated 19 December 2013 to him from Dewsash's solicitor. That letter states Dewsash's opinion that there are no ground on which Dewsash could oppose an order that costs follow the event and that a costs order in Mr Fordham's favour as agreed or assessed is not opposed.