Smeaton v Valerius [2016] NSWCATAP 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smeaton v Valerius [2016] NSWCATAP 98 Hearing dates: On papers Date of orders: 04 May 2016 Decision date: 04 May 2016 Jurisdiction: Appeal Panel Before: T Simon, Senior Member Decision: The Appeal Panel orders that the Appellants pay half of the Respondent's costs of the Appeal. Catchwords: Procedural fairness, costs, submissions Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Markisic v AEA Ethnic Publishers Pty Ltd & Ors [2006] NSWCA 378 (20 December 2006) Category: Principal judgment Parties: Bruce Smeaton – (Appellant) Mary Smeaton – (Appellant) Carl Albion Valerius - (Respondent) Representation: G Casey for the (Appellant) M Evans for the (Respondent) File Number(s): AP 15/01376 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Decision Date of Decision: 12 December 2014 Before: N Correy, Senior Member File Number(s): HB 13/40345 and HB 14/19052

Reasons for the Decsion

Background to the matter 1. For ease of reference, the Appellants will be referred to as the homeowners and the Respondent as the builder. 2. On 16 October 2015 the Appeal Panel handed down a decision allowing the appeal from the homeowners in respect of a failure by the Tribunal to give the parties an opportunity to address it in relation to costs. The matter was remitted to the Tribunal for reconsideration on the issue of costs of that hearing: Smeaton v Valerius [2015] NSWCATAP 223 ("the Appeal"). 3. The only remaining matter outstanding is a decision in respect of what, if any, costs order ought be made by the Appeal Panel arising from the Appeal.