The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 31 Decision date: 03 April 2014 Jurisdiction: Consumer and Commercial Division Before: S Westgarth, Deputy President Decision: 1. The applicant is to pay 80% of the respondent's costs assessed on the ordinary basis. Catchwords: Costs Legislation Cited: Consumer Trader and Tenancy Tribunal Act (the CTTT Act) Civil and Administrative Tribunal Act 2013 (the Act) Cases Cited: Latoudis v Casey [1990] 170CLR534 James and ORS v Surf Road Nominees Pty Ltd and ORS [2][2005] NSWCA296 Waters v PC Henderson (Aus) Pty Ltd unreported NSWCA Arian v Nguyen [2001] NSWCA5 Hughes v Western Australia Cricket Association (1986) ATPR40-478 Category: Principal judgment Parties: The Owners - Strata Plan No 70762 (applicant) L & C Platt Constructions Pty Ltd (respondent) Representation: M J Dawson (for applicant) M McCall (for respondent) Vardenega Roberts (for applicant) Stafford Lawyers (for respondent) File Number(s): HB 09/24088 Publication restriction: Unrestricted

reasons for decision

Introduction 1The applicant seeks an order that its costs be paid by the respondent, or in the alternative, that there be no order as to costs (meaning that each party should bear their own costs). The respondent seeks an order that the applicant pay its costs. 2Both applications for costs arise out of a decision (the Decision) of this Tribunal dated 10 January 2014 in these proceedings in which the relevant substantive order (the Order) made was that the respondent is to pay the applicant $47,296.00. The breakdown of that amount is described in paragraph 129 of the Decision, namely as follows: * $1,075.00 is constituted as an amount agreed between the parties at a conclave held between them prior to the hearing. * $6,000.00 constitutes an amount found by the Tribunal to be due by the respondent in favour of the applicant in respect of incomplete work. * Two amounts (one for $6,500.00 and the other for $33,721.00) being amounts which the respondent conceded after the hearing ought to be paid to the applicant. I will refer to these two amounts as the deposit /excess claim.