Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Sydney Building Company Limited v Sinac (No 2) [2019] NSWCATAP 89 Hearing dates: On the papers Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Appeal Panel Before: A P Coleman SC,Senior Member J Lucy, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs is dispensed with. 2. The appellant pay the respondent's costs of the appeal as agreed or assessed. Catchwords: COSTS: no question of principle. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Hanna v BOS Holdings Pty Ltd (No 2) [2019] NSWCATAP 73 Sing v Fobupu Pty Ltd [2018] NSWCATAP 127 The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: N/A Category: Costs Parties: The Sydney Building Company Limited (Appellant) Lorna Sinac (Respondent) Representation: N/A Solicitors: HWL Ebsworth (Appellant) Maccallum Lawyers (Respondent) File Number(s): AP 18/24625 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 01 November 2018 Before: Mr Briggs, Senior Member; S Thode, Senior Member File Number(s): HB 16/21357 Reasons for decision 1. On 15 February 2019 the Appeal Panel published its reasons for decision in this matter: [2019] NSWCATAP 43. 2. The outcome of the appeal was that in so far as it was required, leave to appeal on ground 1 was granted, but leave to appeal was otherwise refused and the appeal was dismissed. 3. Following the publication of our reasons, the solicitors for the respondent wrote to the registry seeking the opportunity to make submissions with respect to costs of the appeal. The Appeal Panel made directions for the service of submissions by either party who wished to do so on the question of costs, including whether any hearing was required on that question or whether it could be dealt with on the papers. 4. Submissions were served by the respondent on 1 March 2019. No submissions have been received from the appellant. In those circumstances, we will deal with the matter based on the respondent's submissions and the application of relevant principles. 5. We are satisfied that each party has had the opportunity to make submissions on whether a hearing is required. We note that the respondent consents to the question of costs being determined without a hearing. We are satisfied that the issue of costs can be adequately determined without a hearing: see s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) (the CAT Act) and we will make an order to that effect pursuant to s 50(2) of that Act. 6. The appeal was an internal appeal from a decision of the Consumer and Commercial Division. It involved a claim by the respondent for payment to her by the appellant builder of a sum in excess of $30,000. In the end, the Tribunal awarded the respondent the sum of $186,611.85. The whole of this amount was in dispute on appeal. 7. Accordingly, pursuant to Rules 38(2)(b) and 38A of the Civil and Administrative Tribunal Rules 2014 (the Rules), an order for costs may be made even in the absence of special circumstances warranting such an award (see s 60 of the CAT Act). 8. In these circumstances, we are satisfied that in the exercise of the general discretion as to costs, there is no reason to depart from the usual starting point that the successful party should have a costs order made in their favour: see Thompson v Chapman [2016] NSWCATAP 6 at [69]; Sing v Fobupu Pty Ltd [2018] NSWCATAP 127 at [21] and Hanna v BOS Holdings Pty Ltd (No 2) [2019] NSWCATAP 73 at [7]-[9]. 9. There were 10 grounds of appeal propounded by the appellant. It was unsuccessful on all of them. There was no disentitling conduct by the respondent which would otherwise displace the usual starting point that, as the successful party, she should have an order for her costs. 10. The orders we therefore make are: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs is dispensed with. 2. The appellant pay the respondent's costs of the appeal as agreed or assessed. ********** I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 April 2019