Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Hearing dates: 07 May 2018 Date of orders: 18 May 2018 Decision date: 18 May 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Fairlie, Senior Member Decision: (1) The appeal is allowed in part.

(2) The order made by the Tribunal on 31 January 2018 in proceedings HB 16/37538 is set aside.

(3) In substitution for that order the following order is made:

"Tariqul Islam and Rashada Khatun are to pay the costs of Metricon Homes Pty Ltd on the ordinary basis as agreed or as assessed, in accordance with the Legal Profession Uniform Law Application Act 2014".

(4) Subject to order 5, the parties are to pay their own costs of the appeal.

(5) In the event that either party seeks a different appeal costs order, the following directions apply:

(a) The applicant for costs (costs applicant) must file and serve any application within 7 days after these orders.

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

(c) The costs applicant must file and serve any submissions in response within 21 days from the date of these orders.

(d) Upon filing an application in accordance with order 5(a), order 4 will cease to have effect.

(e) Submissions must address whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act, 2013 dispensing with a hearing. Catchwords: APPEAL – Costs – Gross sum costs orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Atlantic Caravans Pty Ltd v Armstrong & Hinterland Outdoors Pty Ltd [2018] NSWCATAP 52 Australasian Temperance and General Mutual Life Assurance Society Ltd v Howe (1922) 31 CLR 290 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Burns v Corbett; Gaynor v Burns [2017 NSWCA 3 Burns v Corbett [2018] HCA 15 Cachia v Hanes (1994)179 CLR 403 Coleman v Power (2004) 220 CLR 1 Collins v Urban [2014] NSWCATAP 17 Cox v Journeaux (1934) 52 CLR 282 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 House v The King [1936] HCA 40; 55 CLR 499 at 505; Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Latoudis v Casey [1990] 170 CLR 534 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Oshlak v Richmond River Council [1998] HCA 11 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Texts Cited: Nil Category: Principal judgment Parties: Tariqul Islam and Rashada Khatun (Appellants) Metricon Homes Pty Ltd (Respondent) Representation: Self-represented (Appellants) Moray & Agnew Lawyers (Respondents) File Number(s): AP 18/09300 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 31 January 2018 Before: L Wilson, Senior Member File Number(s): HB 16/37538