Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Hearing dates: 9 October 2017 Date of orders: 19 January 2018 Decision date: 19 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Principal Member Decision: (1) Appeal AP 17/30990 is dismissed and leave to appeal is refused.

(2) Appeal AP 17/42886 is dismissed.

(3) The appellant is to pay the costs of the respondent in both appeals, such costs to be agreed or assessed on an ordinary basis.

(4) If either party seeks a different costs order to that in order (3), the following directions apply:

(a) The applicant for costs (costs applicant) must file and serve any cost application, including submissions and any evidence in support, within 7 days of the date of these orders.

(b) The respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders.

(c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders.

(d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act, dispensing with a hearing of the costs application.

(5) In the event an application is made pursuant to order (4), order (3) shall cease to have effect. Catchwords: Home Building Act - s 48MA, preferred outcome principle, relevant considerations.