Bulloch v Linden Building Services Pty Ltd t/as Linden Constructions [2019] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bulloch v Linden Building Services Pty Ltd t/as Linden Constructions [2019] NSWCATAP 42 Hearing dates: 7 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member R Hamilton SC, Senior Member Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal as agreed or assessed. Catchwords: APPEAL – costs – substantive proceedings settled before hearing – discretion to order costs – whether one party was almost certain to have succeeded if heard Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Antonio v Cubitt's Classic Homes Improvements Pty Limited [2016] NSWCATAP 37 House v The King [1936] HCA 40; 55 CLR 499 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Oz Cut Concreting Services v Shirlaw [2001] NSWSC 686 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622 Category: Principal judgment Parties: Roger J Bulloch & Eleanor J Bulloch (Appellants) Linden Building Services Pty Ltd t/as Linden Constructions (Respondent) Representation: Solicitors: Snelgroves Lawyers (Appellant) Adams Lawyers (Respondent) File Number(s): AP 18/44340 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 20 September 2018 Before: J Smith, Senior Member File Number(s): HB 17/31930