Rekrut v Champion Homes Sales Pty Ltd [2018] NSWCATAP 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rekrut v Champion Homes Sales Pty Ltd [2018] NSWCATAP 162 Hearing dates: On the papers Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member S Higgins, Senior Member Decision: (1) A hearing on costs is dispensed with in accordance with s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.

(2) The appeal in AP18/10975 is allowed.

(3) The Orders made on 12 February 2018 by Senior Member Boyce in proceedings HB 13/66604 are set aside.

(4) Any claim for costs in respect of proceedings HB 13/66604 is remitted to the Consumer and Commercial Division to be determined in conjunction with the remittal ordered by the Appeal Panel on 13 September 2017 in AP 17/09469 and AP 17/04738.

(5) If either party seeks an order for costs of the appeal, the following directions apply:

(a) The applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders.

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

(c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders.

(d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application. Catchwords: APPEAL – costs – costs order made by Tribunal after Appeal Panel has allowed appeal in part – whether costs order should be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 348 Category: Principal judgment Parties: Adam Rekrut (First Appellant) Sandra Scott (Second Appellant)