Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97 Hearing dates: On the papers. Submissions closed 23 March 2018. Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: Wright J, President I Bailey AM SC, Senior Member Decision: 1. A hearing in respect of these costs applications is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. Champion Homes Sales Pty Ltd is to pay 80% of the costs of Adam Rekrut and Sandra Scott of and incidental to proceedings AP 17/04738 and AP 17/09469 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 (NSW)). Catchwords: COSTS – NCAT Internal appeal – amount in issue in excess of $30,000 – r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) and cl 20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) – no issue of principle

COSTS – general rule that costs follow the event – application of the rule and discretion – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2017] NSWCATAP 187 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Category: Costs Parties: AP 17/04738 Adam Rekrut and Sandra Scott (Appellants) Champion Homes Sales Pty Ltd (Respondent)