CPD Holdings Pty Limited v Baguley [2016] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPD Holdings Pty Limited v Baguley [2016] NSWCATAP 103 Hearing dates: 16 March 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President J Lucy, Senior Member Decision: 1. Leave to appeal is granted in relation to the decision as to costs thrown away because of an adjournment. 2. The decision that "CPD Holdings Pty Limited, shall pay John Baguley and Daniella Baguley's costs in proceedings HB 13/27768 from 19 September 2013 Costs to be agreed or assessed on the usual basis" is set aside. 3. The application for costs in proceedings HB 13/27768 is to be reconsidered either with or without further evidence, in accordance with these reasons. 4. The decision that: "In proceedings HB 13/20778 each party is to pay their own costs" is set aside. 5. The application for costs in proceedings HB 13/20778 is to be reconsidered by the Tribunal, either with or without further evidence, in accordance with these reasons. 6. Within 28 days of the date of these reasons the parties are to file and serve any application for costs on appeal. 7. Within a further 14 days of receipt of any such application, the parties are to file and serve any submissions in reply. 8. If the Appeal Panel considers it appropriate taking into account any submission from the parties, any application for costs will be determined on the papers after that date. Catchwords: APPEAL – costs decision in home building case – claims by both builder and homeowners – builder's claim settled – homeowners' claim determined – costs principles when proceedings settle – costs principles when proceedings determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 4, s 80 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) (repealed), s 53 Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) (repealed), cl 20(4). Category: Principal judgment Parties: CPD Holdings Pty Limited (Appellant)