Polovin v Miller [2015] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Polovin v Miller [2015] NSWCATAP 63 Hearing dates: 10 March 2015 Date of orders: 05 May 2015 Decision date: 05 May 2015 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member R Titterton, Senior Member Decision: 1. The appeal is allowed in part. 2. The Tribunal's order made on 13 October 2014 requiring the Appellant to pay costs thrown away by the Respondents is set aside. 3. Any application for the costs of this appeal must be filed and served, with supporting submissions, within 21 days of the date of this decision. Any opposing submissions must be filed and served within a further 21 days. Any party desiring that the question of costs should not be reserved for a decision 'on the papers', but should be the subject of a hearing, should address this matter in their submissions. Unless persuaded otherwise, the Appeal Panel will make its decision 'on the papers'. Catchwords: Jurisdiction of Tribunal under Home Building Act 1989 - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 1989 Cases Cited: Charlie Carter Pty Ltd v Shop, Distributive and Allied Employees Association of Western Australia [1987] FCA 135; 13 FCR 413 Collins v Urban [2014] NSWCATAP 17 Mraz v The Queen [1955] HCA 59; 93 CLR 493 Category: Principal judgment Parties: Rita Glynis Polovin (Appellant) Barbara Miller (First Respondent) Desmond miller (Second Respondent) Representation: Counsel: M Luitingh (Appellant) R Zikmann (Respondents)