Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos (No 2) [2018] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos (No 2) [2018] NSWCATAP 148 Hearing dates: On the papers Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013, the hearing of the application for costs is dispensed with.

(2) Mr and Mrs Dimitroplous are to pay the costs of Capital Constructions Pty Ltd in preparing for and attending the hearings on 21 October 2016 and 30 May 2017, together with the costs thrown away by reason of the amendments to the Notice of Appeal, such costs to be as agreed or assessed on an ordinary basis.

(3) Otherwise, each party is to pay their own costs. Catchwords: PRACTICE AND PROCEDURE - costs – where appeal and cross-appeal – where both appeal and cross appeal allowed in part Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Dimitropoulos v Capital Constructions Pty Ltd; Capital Constructions Pty Ltd v Dimitropoulos [2018] NSWCATAP 100 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259; (1993) 26 IPR 261 Elite Protective Personnel Pty Ltd v Salmon (No 2) James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Latoudis v Casey [1990] 170 CLR 534 Oshlack v Richmond River City Council [1993] HCA 11 State of New South Wales v Stanley [2007] NSWCA 330 Sydney City Council v Geftlick & Ors (No 2) [2006] NSWCA 374 Thompson v Chapman [2016] NSWCATAP 6 Waters v P C Henderson (Aust) Pty Ltd (Court of Appeal, 6 July 1994, unreported). Category: Costs Parties: AP 16/31203 Spiro Dimitropoulos (First Appellant) Anna Dimitropoulos (Second Appellant) Capitol Constructions Pty Ltd (Respondent)