Indorato v Ottaviano t/as Transbuild Construction [2019] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Indorato v Ottaviano t/as Transbuild Construction [2019] NSWCATAP 156 Hearing dates: On the papers Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J Kearney, Senior Member Decision: (1) The application for an order for costs of the appeal to be paid by the appellant is refused Catchwords: Costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: Nerina Idorato (Appellant) Mario Ottaviano trading as Transbuild Construction (Respondent) Representation: Counsel:

N Idorato (Appellant self-represented) P Bambagiotti (Respondent)

Solicitors: G Leculier Sydney Solicitors (Respondent) File Number(s): AP 19/07483 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 22 January 2019 Before: T Simon, Senior Member File Number(s): HB 16/35086

REASONS FOR DECISION

Background 1. This decision concerns an application by the builder (the respondent to the appeal) for an order that his costs of the appeal be paid by the homeowner (the appellant). 2. This application follows publication of our decision on 6 May 2019 to dismiss the homeowner's appeal. At first instance the homeowner had obtained an order that the builder was to pay her the sum of $33,068.05 and in the appeal, the homeowner sought an order that an additional amount of $18,693.00 should have been included in the order. There were two items making up that amount, particulars of which are set out in our appeal decision.