Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53 Hearing dates: On papers Date of orders: 13 March 2019 Decision date: 13 March 2019 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President G Sarginson, Senior Member Decision: (1) A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) The decision of the Tribunal made on 25 January 2018 that:

(a) The homeowner must pay the builder's costs of the proceedings up to and including 9 August 2016 on the ordinary basis, and

(b) The homeowner must pay the builder's costs of the proceedings as from 10 August 2016, on an indemnity basis is set aside.

(3) Any application for costs is to be reconsidered and re-determined by the Tribunal as originally constituted, if that Member is available, either with or without further evidence.

(4) The homeowner's application for costs of the costs appeal is dismissed.

(5) The builder's application for the costs of the homeowner's withdrawn stay application is dismissed. Catchwords: COSTS – appeal from first instance costs decision –where Appeal Panel partially set aside the first instance principal decision after the first instance costs decision had been made – where parties agreed that the issue of costs should be remitted to the Tribunal and re-determined in light of the Appeal Panel's decision – whether Appeal Panel should address grounds of appeal or whether there was no utility in doing so