White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 236 Hearing dates: On the papers Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Lucy, Senior Member Decision: (1) The appellant is to pay the respondent's costs of this appeal as agreed or 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). (2) The respondent's application for leave to appeal from the costs decision below is dismissed. Catchwords: APPEAL – Costs - Home building – Application for costs of appeal by successful respondent - Where amount in dispute more than $30,000 – Principle that costs follow the event – Whether Calderbank offer made – Whether the question of whether there was a need for the parties to be legally represented is relevant to the exercise of the costs discretion. LEAVE TO APPEAL – Where application for leave to appeal from costs decision at first instance already determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Calderbank v Calderbank [1976] Fam Law 93; [1975] 3 All ER 333; [1975] 3 WLR 586 Jones v Bradley (No 2) [2003] NSWCA 258 Latoudis v Casey (1990) 170 CLR 534 McPherson v Mace [2017] NSWCATAP 227 Thompson v Chapman [2016] NSWCATAP 6 White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 216 Category: Costs Parties: Rachel White (Appellant) Sunrise Pools Australia Pty Ltd (Respondent) Representation: Michael White (agent) for the Appellant Adams Partners Lawyers for the Respondent File Number(s): AP 17/25930 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 May 2017 Before: J Smith, Senior Member File Number(s): HB 16/45013