SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222 Hearing dates: On the papers Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Decision: (1) Pursuant to section 50(2) of the Civil and Administrative Tribunal Act, a hearing is dispensed with; and

(2) The appellant is to pay the costs of the respondents in the appeal in an amount agreed or as assessed. Catchwords: Costs - special circumstances - section 60 of the NCAT Act - indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Augustus v Mohammed (No 2) [2016] NSWCATAP 165 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Mendonca v Tonna [2017] NSWCATAP 176 Oshlack v Richmond River Council (1998) 193 CLR 72, [1998] HCA 11 The Owners-Strata Plan No 20775 v BCS Strata Management Pty Ltd and Ors (unreported): Texts Cited: Nil Category: Costs Parties: SCC (Sam Construction Company) Pty Ltd (Appellant) Jordan Wingate (First Respondent) Omer Genc (Second Respondent) Representation: Counsel: Not applicable

Solicitors: Hannans Solicitors (Respondent) File Number(s): AP 17/36713 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 20 July 2017 Before: L Wilson, Senior Member File Number(s): HB 17/12926 and HB 17/05960