Staniland v Integrity New Homes Pty Ltd (No. 2) [2018] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Staniland v Integrity New Homes Pty Ltd (No. 2) [2018] NSWCATAP 24 Hearing dates: 6 December 2017 Date of orders: 22 January 2018 Decision date: 22 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: (1) The appellants are to pay 50% of the respondent's cost of the appeal, as agreed or assessed on an ordinary basis. Catchwords: Costs - Costs of appeal involving claim originally brought in the consumer Trader and Tenancy Tribunal, the applicability of rule 38A of the Civil and Administrative Tribunal Act 2013.

Discretion - Calderbank offer, special order for costs, relevance in determining what costs order should be made, both parties addressing irrelevant issues, assessment based on issues. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Consumer Trader and Tenancy Act 2001 Consumer Trader and Tenancy Regulation 2009 Home Building Act 1989 Cases Cited: Calderbank v Calderbank [1975] 1 All ER 333 Jubian v Clark (No 2) [2016] NSWCATAP 153 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Oshlack v Richmond River City Council [1993] HCA 11; (1998) 193 CLR 72 Staniland v Integrity New Homes Pty Ltd [2017] NSWCATAP 157 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Calderbank Offers, Australian Lawyers Alliance Hunter Valley Conference 14-15 March 2008 Category: Costs Parties: Robert Staniland and Kristine Staniland (Appellants) Integrity New Homes Pty Ltd (Respondent) Representation: J Mack, Counsel (Appellant) M Wilde, Solicitor (Respondent)