Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 130 Hearing dates: On the papers Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President K Ransome, Senior Member Decision: (1) Appeal allowed. (2) The appellant's application for costs in the proceedings HB 17/50093 is refused.

Directions for Costs: (3) The respondent is to notify the Appeal Panel and the appellant in writing if it makes an application for costs with evidence and submissions in support by 15 June 2019. (4) The appellant shall provide to the Appeal Panel and the respondent any written submissions in reply by 9 July 2019. Catchwords: APPEAL – costs - exercise of discretion to award costs under r 38(2) of the Civil and Administrative Tribunal Rules 2014 where proceedings are withdrawn – applicable principles Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 2014 Strata Schemes Management Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Antonio v Cubitt's Classic Homes Improvements Pty Limited [2016] NSWCATAP 37 Arambewela v Castle Projects Pty Ltd [2018] NSWCATAP 14 Channell v Graham [2017] NSWCATAP 129 House v The King [1936] HCA 40; 55 CLR 499 Ibrahim v PERI Australia Pty Ltd [2013] NSWCA 328 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11 (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Solomons v Valley Motor Auctions Pty Ltd [2017] NSWCATAP 31 Spicer v Owners Corporation SP 64558 [2016] NSWCATAP 11 The Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Thomson v Chapman [2016] NSWCATAP 6 Transfield Services (Australia) Pty Limited v James Gaha [2012] NSWSC 865 Category: Principal judgment Parties: Cubic Metre Pty Ltd (Appellant) C & E Critharis Constructions Pty Ltd (Respondent) Representation: Just Dispute Resolution (Appellant) Konstan Lawyers (Respondent) File Number(s): AP 18/42918 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 29 August 2018 Before: G Meadows, Senior Member File Number(s): HB 17/ 50093