Catapult Constructions Pty Ltd v Denison (No 3) [2018] NSWCATAP 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Catapult Constructions Pty Ltd v Denison (No 3) [2018] NSWCATAP 277 Hearing dates: On the papers, submissions by Appellant dated 29 August 2018 and by the Respondent dated 20 September 2018. Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Appeal Panel Before: I Bailey AM SC, Senior Member G Sarginson, Senior Member Decision: As to HB 15/ 52872 and HB 15/53181:

1. The Appeal Panel has no jurisdiction to determine costs. Either party may apply to the Senior Member of the Tribunal who heard Matter HB 15/52872 and HB 15/53181 for a determination of costs in those proceedings.

As to AP 17/46569 2. Oral hearing dispensed with on the issue of costs and the issue determined on the papers pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013. 3. Each party is to bear their own costs or the appeal. Catchwords: APPEAL- Home Building Act s.48O, Work order amended – costs of appeal – Appeal Panel jurisdiction as to costs in first instance proceedings s.81 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 at [38]. Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Catapult Constructions Pty Ltd v Denison (No 2) [2018] NSWCATAP 186 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 LMA Contractors Ltd v Changizi [2017] NSWCATAP 145 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) (2011) 288 ALR 385 Category: Costs Parties: Catapult Constructions Pty LTd (Appellant) Julia Anne Denison (Respondent) Representation: Solicitors: Michael Atkinson (Appellant) Bannermans (Respondent) File Number(s): AP 17/46569 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 3 October 2017 Before: G Meadows, Senior Member File Number(s): HB 15/52872 and HB 15/53181