Clarke v Tapp [2015] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clarke v Tapp [2015] NSWCATAP 81 Hearing dates: 13 April 2015 Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Harrowell, Principal Member G Mullane, Principal Member Decision: 1. Leave is refused for the appellant to appeal against a decision to extend time to apply for costs. 2.The Tribunal's decision that:

The respondent must pay the applicants' costs of and incidental to these proceedings, such costs to be assessed in accordance with Division 11 of part 3.2 of the Legal Profession Act 204, if not otherwise agreed

is affirmed.

3.The appeal is dismissed. Catchwords: CIVIL AND ADMINSTRATIVE TRIBUNAL -internal appeal to Appeal Panel against interlocutory decision to extend time to file an application for costs in a home building matter – leave to appeal refused because no issue of principle, question of public importance or clear injustice – CIVIL AND ADMINISTRATIVE TRIBUNAL - internal appeal to Appeal Panel against ancillary decision that builder pay the homeowner's costs – exercise of discretionary power – discretion did not miscarry Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 32, s 36, s 80 Consumer Trader and Tenancy Tribunal Act 2001 (NSW), s 28, 29, 81 Consumer, Trader and Tenancy Tribunal Regulation 2009, reg 20(4) Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Clarke v New South Wales [2015] NSWCA 27 Gallo v Dawson (1990) 93 ALR 479; 64 ALJR 458 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24. Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Category: Principal judgment Parties: P Clarke (Appellant) M Tapp and J McFarlane (Respondents) Representation: Counsel: