Bryant v Druery [2015] NSWCATCD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bryant v Druery [2015] NSWCATCD 57 Hearing dates: 11 December 2014 Decision date: 29 April 2015 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The respondent is to pay to the applicant the amount of $750.00 being costs of the hearing thrown away on 4 June 2014 2. In the substantive application for costs the application for costs:- a. by the applicant against the respondent is dismissed; and b. by the respondent against the applicant is dismissed. Catchwords: Costs, Discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Doula Spirit Pty Ltd v Argyrou [2014] NSWCATCD 227 Latoudis v Casey [1990] 170 CLR 834 Category: Costs Parties: Michelle Bryant (applicant) Craig Druery (respondent) Representation: J. Chanthivong, Gryphon Lawyers (applicant) P. Duffy, Duffy Law Group (respondent) File Number(s): HB 14/08803 Publication restriction: Unrestricted

REASONS FOR DECISION

Application 1. On 14 February 2014 the applicant home owner made an application for orders under the Home Building Act 1989 that she not have to pay the respondent builder the amount of $135,184.00 in respect of building work that the applicant alleged the respondent carried out. 2. On 14 April 2014 the applicant sought leave to amend the application so that the applicant sought orders that the respondent pay the applicant the sum of $110,742.50 for the cost of repairing defective building works pursuant to s18B of the Home Building Act 1989, cost and any other order the Tribunal thinks fit. . 3. No formal order was made by the Tribunal to grant leave to amend the application. 4. The parties informed the Tribunal that the matter was resolved between the parties at an onsite Conclave on 12 September 2014. 5. The applicant and the respondent now make applications for costs.