Terence Eve and Lindy Eve v John Boyd t/as Kalana Homes [2014] NSWCATCD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Terence Eve and Lindy Eve v John Boyd t/as Kalana Homes [2014] NSWCATCD 152 Hearing dates: 25 June 2014 Decision date: 12 August 2014 Before: S Thode, Senior Member Decision: 1.The respondent shall pay the applicant's costs of the proceedings on a party party basis as agreed or assessed. Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Category: Principal judgment Parties: Terence Eve and Lindy Eve (applicants) John Boyd t/as Kalana Homes (respondent) File Number(s): HB 11/55562

reasons for decision

Application 1Having read the submissions by both parties received on 18, 24 and 25 July 2014 respectively the Tribunal now publishes its orders and reasons for the decision on costs. 2On 14 November 2014 Mr and Mrs Eve (the applicants) sought an order for costs pursuant to section 53(2) of the Consumer Trader and Tenancy Tribunal Act 2001 (the Act). I have read and considered the contents of the applicants' submissions. The applicant's sought the following orders: "The respondent pay the costs of the applicant as agreed or assessed. In the alternative that the respondent pay 80% of the costs of the applicant as agreed or assessed." 3The legal representative for the respondent wrote to the Tribunal opposing the orders: "The respondent submits that the parties have settled the proceedings and it is appropriate that they should bear their own costs; this is consistent with the starting point for any award of costs in Tribunal.... In the alternative... it is appropriate for the Tribunal to apportion their costs.... In accordance with their ultimate success as compared to their claim ... some 11.4% of their claim or alternatively .... The applicants have successfully recovered $50,000 against a claim for $102,732 or some 48.7% of their claim."