Staniland v Integrity New Homes Pty Ltd [2017] NSWCATAP 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Staniland v Integrity New Homes Pty Ltd [2017] NSWCATAP 157 Hearing dates: 20 April 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: (1) Appeal dismissed.

(2) Each party is to pay their own costs of the appeal.

(3) In the event either party contends a different costs order should be made to that in order 2, the following directions apply:

(a) the party contending for a different costs order (costs applicant) is to file and serve any submissions within 7 days after the date of these orders;

(b) the cost respondent is to file and serve any submissions in response 14 days after the date of these orders;

(c) the costs applicant is to file and serve any submissions in reply 21 days after the date these orders;

(d) the submissions are to include submissions as to power to award costs and whether an order should be made dispensing with a hearing of any cost application pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.

(e) Order 2 ceases to have any effect upon the cost applicant making any application in accordance with order 3 (a). Catchwords: Costs- Legislation applicable to the award of costs in pending proceedings commenced prior to establishment day of the Civil and Administrative Tribunal.

Discretion- Factors relevant to exercise of discretion, reduction of costs of successful party, findings of fact by primary member. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Consumer Trader and Tenancy Tribunal Act, 2001 Consumer Trader and Tenancy Regulation, 2009 Cases Cited: Allen v Tricare (Hastings) Ltd [2017] NSWCATAP 25 Collins v Urban [2014] NSWCATAP 17 Glover v Buckton Building Ltd [2015] NSWCATCD 146 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Robert Neil Staniland and Kristine Ellen Staniland (Appellants) Integrity New Homes Pty Ltd (Respondent) Representation: Counsel: J Mack (Appellants) AD Justice (Respondent)