Wagg v Farthing (No 2) [2015] NSWCATAP 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wagg v Farthing (No 2) [2015] NSWCATAP 263 Hearing dates: On the papers Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Appeal Panel Before: O Shub, Principal Member K Rosser, Senior Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) The Appellant is to pay the Respondent's costs of the appeal proceedings as agreed or assessed, within 28 days of such agreement or assessment. Catchwords: COSTS; Whether to dispense with a hearing; whether special circumstances exist Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Andrew Wagg and Marie Hackett – Appellants Dean Farthing – Respondent Representation: Solicitors: HWL Ebsworth - Respondent File Number(s): AP 15/09247 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 January 2015 Before: N Correy, Senior Member File Number(s): HB 11/43514 HB 11/62299

reasons for decision

Introduction 1. On 6 October 2015, the Appeal Panel dismissed the appeal against a decision of the Tribunal made on 22 January 2015 in home building proceedings HB 11/43514 and HB 11/62299 (original proceedings). In doing so, the Appeal Panel also made the following orders: 3. Any application for costs of the appeal is to be filed and served within 14 days of the date of publication of these orders and is to be accompanied by a submission not exceeding three pages in length. 4. Any submission in response to an application for costs is to be filed and served within 14 days of the date of service of the application and is also not to exceed three pages in length. 1. The Appeal Panel put the parties on notice that subject to any submissions made by the parties, the Appeal Panel intended to determine any application for costs on the papers. 2. On 20 October 2015, the Respondent to the appeal applied for an order for costs and filed a submission in support of the application. No submission was received from the Appellant. Neither party sought a hearing on costs. 3. The question of costs of the proceedings below has not been decided by the Tribunal. The Respondent sought an order directing the Tribunal to give directions and determine the issue of costs in the original proceedings. It unnecessary for the Appeal Panel to do so, as the original proceedings are listed for directions before the Consumer and Commercial Division in respect of the issue of costs on 9 December 2015.