Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 71 Hearing dates: On the papers: Last submission received 5 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member DAC Robertson, Senior Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.

(2) The appellant is to pay the respondent's costs of the appeal as agreed or assessed. Catchwords: Appeal – Costs – No issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1976] Fam 93; [1975] 3 WLR 586 Grace v Thomas Street Café (No.2) [2008] NSWCA 72 Hancock & Claringbold v Calalla Bayside Realty [2016] NSWCATAP 60 Rockwall Constructions Pty Ltd v Nayak (No.2) [2018] NSWCATAP 32 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: Raymond Roberts (Appellant) Morphett Constructions Pty Ltd (Respondent) Representation: Counsel: J Doyle (Appellant) N Hammond (Respondent)

Solicitors: Doyles Constructions Lawyers (Appellant) RJ O'Halloran & Co (Respondent) File Number(s): AP 17/41221 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 25 August 2017 Before: G Meadows, Senior Member File Number(s): HB 16/17709 & HB 16/21913