Zeait v Singh (No 2) [2018] NSWCATAP 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zeait v Singh (No 2) [2018] NSWCATAP 159 Hearing dates: On the papers Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member Dr J Lucy, Senior Member Decision: 1. A hearing is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW)

2. The appellant is to pay the respondent's costs of the appeal, as agreed or as assessed. Catchwords: COSTS – application of r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) – no question of principle Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Thompson v Chapman [2016] NSWCATAP 6 Zeait v Singh [2018] NSWCATAP 109 Category: Costs Parties: Rony Zeait t/as AAA Perfect Excavation & Demolition (Appellant) Vikramjit Singh (Respondent) Representation: Solicitors:

Appellant: G Adelstein, Elmassian Lawyers Respondent: R Kent, Kent Lawyers File Number(s): AP 18/01142 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 December 2017 Before: C Paull, Senior Member File Number(s): HB 15/07518 and HB 15/32783