McPherson v Mace (No 2) [2016] NSWCATAP 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McPherson v Mace (No 2) [2016] NSWCATAP 198 Hearing dates: On the papers Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: 1. The hearing of the application is dispensed with pursuant to s50(2) of the Civil and Administrative Tribunal Act, 2013.

2. The appellant is to pay the respondents costs of responding to the allegation of fraud raised in ground 7 of the Amended Notice of Appeal, as agreed or as assessed.

3. The applications for costs are otherwise dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Costs of appeal – where allegation of fraud made – denied – and then not pressed at the hearing – Costs limited to responding to allegation of fraud ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Jebb v Repatriation Commission (1988) 80 ALR 329 McPherson v Mace [2015] NSWCATAP 203 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 White Industries (Qld) Pty Ltd v Flower & Hart [1998] FCA 806 Texts Cited: Nil Category: Costs Parties: Christopher John McPherson t/as CMC Building Works (Appellant) Stephen Mace (Respondent) Representation: Counsel:

B K Nolan (Appellant) B A Jacobs (Respondent)