Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45 Hearing dates: On the papers Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member T Simon, Senior Member Decision: No order as to costs. Catchwords: CIVIL AND ADMINISTATIVE TRIBUNAL (NSW) costs – discretion to award costs – general rule is each party is to pay their own costs – where party has been unsuccessful on some issues – where those issues have not significantly added to costs – characterisation as a mixed result Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Growers Limited v Chief Commissioner of State Revenue (No 2) [2015] NSWSC 1445 Johnson v Lukeman [2016] NSWCATAP 272 Latoudis v Casey (1990) 170 CLR 534 Thompson v Chapman [2016] NSWCATAP 6 Category: Costs Parties: M J & T Johnson t/as One Tree Constructions & One Tree Constructions Pty Ltd (Appellants) Barry Lukeman & Sarah Lukeman (Respondents) Representation: Counsel: D A Moujalli (Appellants) B Dean (Respondents)

Solicitors: Maguire & McInerney Lawyers (Appellants) Button Hawdon &McMahon (Respondents) File Number(s): AP 16/36001 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCAT Date of Decision: 08 July 2016 Before: P Boyce, Senior Member File Number(s): HB 15/35078