Thompson v Chapman [2016] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thompson v Chapman [2016] NSWCATAP 6 Hearing dates: 18 December 2015 Date of orders: 07 January 2016 Decision date: 07 January 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Senior Member Decision: 1 In appeal AP 15/53790 leave to appeal is refused, the appeal is dismissed and each party is to pay their own costs. 2 In appeal AP 15/56931, the appeal is dismissed and the appellant is to pay the respondent's costs as agreed or assessed on a party/party basis. 3 In appeal AP 15/56942 the appeal is dismissed and each party is to pay their own costs. Catchwords: Costs- Power to award costs in building claims under the Consumer Trader and Tenancy Tribunal Act and the Civil and Administrative Tribunal Act, general discretion, entitlement to costs where "indulgence" sought by successful applicant, relevance of s94(1A) application to exercise of discretion Legislation Cited: Home Building Act 1989 Civil Procedure Act, 2005 Consumer, Trader and Tenancy Tribunal Act 2001 Consumer, Trader and Tenancy Tribunal Regulation 2002 Civil and Administrative Tribunal Rules, 2014 Conveyancing Act 1919 Cases Cited: Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWSCA 304 Dee-Tech Limited and another V Neddam Holdings Pty Ltd [2] [2012] NSW SC517 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprises Pty Ltd [2004] NSWSC 273 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprises Pty Ltd [2004] NSWSC 754 Fordham v Fordyce [2007] NSWCA 129 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King [1936] HCA 40; (1936] 55 CLR 499 Latoudis v Casey [1990] 170 CLR 534 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Miwa Pty Ltd v Siantan Properties Pty Ltd (No2) [2011] NSWCA 344 Nu Line Construction Group Pty Lyd v Fowler [2012] NSWSC 816 Oshlack v Richmond River Council (1998) 193 CLR 72 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer, Home Building application HB 10/44316 and HB 11/27833 Urban Constructions (NSW) Pty Ltd v Shearer [2015] NSWCATAP 278 Category: Principal judgment Parties: Elizabeth Jane Thompson (Appellant) Andrew Chapman (Respondent) Representation: Counsel: P Bambagiotti (appellant) M McMahon (respondent)