Grace v Pepe [2018] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grace v Pepe [2018] NSWCATAP 19 Hearing dates: 2 August 2017 Date of orders: 16 January 2018 Decision date: 16 January 2018 Jurisdiction: Appeal Panel Before: R L Hamilton SC (Senior Member) T Simon (Principal Member) Decision: 1. The appeal is allowed in part. 2. Order 1 below is confirmed. 3. In HB10/51266 Order 2 of the Tribunal below is confirmed subject to the following: a) Each of the first Tribunal hearing, the District Court appeal, the second and third Tribunal hearings and this appeal will need to be examined to determine what proportion of the costs related to HB10/51266 to be agreed or assessed. b) The Appeal Panel's third order was "(3) No order as costs". We read the Appeal Panel's third order to cover only the costs of that hearing. 4. In HB11/08243 we order that Orders 3 and 4 below be set aside and in substitution the following order is made: a) Each party pay their own costs (noting that Suitors Fund assistance could be available for the District Court matter); Catchwords: COSTS-Error of law - building dispute - costs decision - leave to appeal 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 Tribunal Regulation 2009 Cases Cited: Bostik Australia Pty Ltd V Liddiard (No 2) [2009] NSWCA 304 Collins v Urban [2014] NSWCATAP 17 Fitz-Gibbon v Inspector General in Bankruptcy (2001) 180 ALR 457 Oshlack v Richmond River Council [1998] HCA 11 Politis v FCT (1988) 16 ALD 707 Category: Principal judgment Parties: Sam Grace (Appellant) Anthony & Sophia Pepe (Respondents) Representation: Counsel: Mr Ginges (Appellant) Mr Zikman (Respondent)