BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186 Hearing dates: 26 July 2017 Date of orders: 07 September 2017 Decision date: 07 September 2017 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. Leave granted to the appellant to file the Amended Notice of Appeal in the form annexed to the appellant's written submissions dated 19 June 2017.

2. Appeal allowed.

3. The decision of the Tribunal below as to costs be set aside, and in lieu thereof, order that: (a) the appellant to pay the respondents' costs of, and incidental to, the expert evidence obtained by the respondents, including the costs of the Tyrells Report, the attendance of Mr Capaldi to give evidence, the costs of Mr Capaldi in attending any necessary conferences, site inspections and the like, and the respondents' legal costs in retaining, briefing and making arrangements for any attendances of Mr Capaldi in relation to the proceedings such costs, if not agreed, to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 (NSW); (b) otherwise, each party pay its, his and her own costs of the proceedings before the Tribunal.

4. The respondents to pay the appellant's costs of the appeal on the ordinary basis.

5. In the event any party contends a different costs order should be made to that in Order 4, 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 of the date of these orders;