Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 231 Hearing dates: 11 and 12 February 2014 Decision date: 02 December 2014 Jurisdiction: Consumer and Commercial Division Before: N Correy, Senior Member Decision: That Miguel Ocana and Johanna Ocana pay to Roche Constructions Pty Ltd the sum of $20,596.00 with respect to costs within 28 days of the date of this order Legislation Cited: Civil and Administrative Tribunal Act 2013 (the CAT Act ) Civil and Administrative Tribunal Rules 2014 (the CAT Rules) Consumer Trader and Tenancy Tribunal Act 2001 (the former Act)l Consumer Trader and Tenancy Tribunal Regulation 2009 ( the former regulation) Cases Cited: Oshlack v Richmond River Council (1998) 192 CLR 72 Latoudis v Casey 1990 HCA 59 Category: Costs Parties: Miguel and Johana Ocana (applicants) Roche Constructions Pty Ltd (respondent) Representation: There are no submission on costs from the applicants; Mark Smith Solicitor has made written submissions for the respondent File Number(s): HB 13/35326 Publication restriction: Nil

reasons for decision

JURISDICTION IN RELATION TO COSTS 1. The Tribunal derives its jurisdiction pursuant to the transitional provisions contained in Schedule 1 of the CAT Act which provides that in determining this matter, because it is a pending claim which was unheard under the former Tribunal, the Tribunal should treat it as having been commenced under the CAT Act. 2. The relevant provisions of the CAT ACT which govern this determination are Section 60 and Rule 38 of the CAT Rules.