Smith v Giro Construction Pty Ltd [2015] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Giro Construction Pty Ltd [2015] NSWCATAP 214 Hearing dates: 22 July 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member C Paull, Senior Member Decision: 1. Appeal allowed. 2. Decision made on 15 April 2015 set aside and substituted with a decision that the First Respondent pay the Appellant's costs as agreed or assessed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – costs – successful party awarded 10% of costs – whether the Tribunal miscarried in the exercise of discretion – general rule that costs are compensatory and follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Collins v Urban [2014] NSWCATAP 17 House v R (1936) 55 CLR 499 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Ohn v Walton (1995) 36 NSWLR 77 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Short v Crawley (No 40) [2008] NSWSC 1302 Category: Principal judgment Parties: Haydn Smith (Appellant) Giro Constructions Pty Ltd (First Respondent) Weyitin Trading Pty Ltd (Second Respondent) Representation: Counsel: Mr N Hogan, Appellant Mr F Hicks, First Respondent Mr R Quickenden, Second Respondent