Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 104 Hearing dates: 21 January 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Prof G Walker, Senior Member Decision: (1) A hearing on the matter of costs of the appeal is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013; (2) The respondent is to pay the appellants' costs of the appeal as agreed or as assessed. Catchwords: Costs – costs to follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) & ors [2011] NSWSC 1425 Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 40 Roache v News Group Newspapers [1992] TLR 551 Timms v Clift [1998] 2 Qd R 100 Texts Cited: Nil Category: Costs Parties: Phillip Kapeller and Rachael Cesnik (Appellants) BH Australia Constrictions Pty Ltd (Respondent) Representation: Counsel: Mr Bland (Appellants)

Solicitors: Roberts Legal (Appellants) McDonald Johnson (Respondent) File Number(s): AP 18/44602 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 19 September 2018 Before: K Ross, Senior Member File Number(s): HB 17/39359 & HB 17/46098