Sydney Building Defects Inspections and Reports Pty Ltd v Thomas [2018] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sydney Building Defects Inspections and Reports Pty Ltd v Thomas [2018] NSWCATCD 65 Hearing dates: On the papers Decision date: 01 November 2018 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, General Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013; and

(2) The application for costs is dismissed. Catchwords: COSTS – absence of special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Cripps v G & M Mawson [2006] NSWCA 84 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Sydney Building Defects Inspections and Reports Pty Ltd (applicant/ respondent for costs) Barbara and Ronald Thomas (respondents/ applicants for costs) Representation: Mark Rodger Smith, solicitor for the respondents Richard Jones for the applicant File Number(s): GEN 18/33460 Publication restriction: Nil

Reasons for decision

Introduction 1. These reasons for decision relate to the respondents' application for costs following my decision on 23 August 2018 to dismiss the applicant's claim. 2. For the reasons set out below, I am not satisfied that the respondents have established that special circumstances warrant an order for costs, or that a costs order is permissible under clause 38(2)(a) of the Civil and Administrative Tribunal Rules 2014 (the "NCAT Rules").