Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54 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 in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) CPD Holdings Pty Ltd is to pay the costs of Thea Petropoulos of the Appeal Panel proceedings as agreed or, if not agreed, as assessed. Catchwords: COSTS – costs on appeal – where homeowner successful on one ground of appeal – whether Tribunal should order that builder pay 100% of the homeowner's costs – whether homeowner has failed on a separable issue – whether there are factors that militate against awarding 100% of homeowner's costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Avopiling Pty Ltd v Bosevski [2018] NSWCA 146 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Permanent Trustee Aust Ltd v FAI General Insurance Co Ltd (unreported, NSWSC, 3 June 1998) Petropoulos v CPD Holdings Pty Ltd [2018] NSWCATAP 72 Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom Exchange (No 2) [2018] NSWCATAP 233 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97 Category: Costs Parties: Thea Petropoulos (Appellant) CPD Holdings Pty Ltd t/as The Bathroom Exchange (First Respondent) James Morphett (Second Respondent) Representation: Counsel: M McMahon (Appellant) M Newton (Respondents)