Gassman & Anor v Peck [2017] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gassman & Anor v Peck [2017] NSWCATAP 66 Hearing dates: 29 August 2016 and written submissions by 25 January 2017. Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Appeal Panel Before: Hon G Mullane ADCJ, Principal Member J Wakefield, Senior Member Decision: (1) The appeal is allowed;

(2) The order of the Tribunal of 20 May 2016 that "Each party is to bear its own costs" is set aside;

(3) The respondent to the appeal, Nathan Peck, must pay the costs of the appellants Peter Gassman and Beth Roddy in proceedings HB 14/17549 in the Consumer and Commercial Division of the Tribunal as agreed (or as assessed) less $500.00; and

(4) The respondent to the appeal Nathan Peck must pay the Appellants' costs of the appeal as agreed or as assessed. Catchwords: Costs- building case- settled without hearing- appeal against refusal to order costs. Legislation Cited: Civil and Administrative Tribunal Act 2012; Home Building Act 1989 Interpretation Act 1987; Cases Cited: Prendergast v Weston Murray Irrigation Limited [2014] NSW CATAP 69; Bonita v Shen [2016] NSWCATAP 159 (25 July 2016); Minister for Immigration & Ethnic Affairs (Cth): Ex Parte Lai Qin (1997) 186 CLR 622; Australian Securities Commission v Aust-Home Investments Ltd (1993) FCR 194; R v Gold Coast City council; Ex parte Raysun Pty Ltd [1971] QWN 13; South East Queensland Electricity Board v Australian Telecommunications Commission Fed C of A, 10 February 1989(unreported); Mabel Dorothea Fligg v The Owners Strata Plan 53457 [2012] NSWSC 230; Transfield Services (Australia) (Pty Ltd) v James Gaha [2012] NSWSC 865; Farah v Elias [2015] NSWSC 1417 (at [17]; Hertslet v Doherty; Doherty v Hertselt [2016] NSWCATAP 46; Glover v Buckton Building Pty Limited [2015] NSWCATCD 146; Texts Cited: Nil Category: Principal judgment Parties: Peter Gassman & Beth Roddy (Appellant's) Nathan Peck (Respondent) Representation: Counsel: D Moutalli (Respondent)