Champion Homes Pty Ltd v Lal [2019] NSWCATAP 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Pty Ltd v Lal [2019] NSWCATAP 170 Hearing dates: 17 June 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Charles, Acting Principal Member Decision: 1. Order 1 made 14 February 2019 is varied by adding the words at the end of that paragraph "being in the methodology set out at paragraphs 99 – 118 of that report".

2. Order 3 is varied to read as follows:

"The respondent is to pay the applicants' costs of and incidental to the application, such costs to be as agreed or assessed on an ordinary basis."

3. Save as provided above, leave to appeal is refused and the appeal is otherwise dismissed.

4. Subject to order 5, the appellant is to pay 80% of the respondents' costs of the appeal, as agreed or assessed on an ordinary basis.

5. Either party may apply for a different costs order to that in order 4 in which case the following order and directions apply:

(a) Order 4 will cease to have effect.

(b) The applicant for costs (costs applicant) is to file and serve any evidence and submissions on costs within 7 days of the date of publication of these orders;

(c) The respondent to the costs application (cost respondent) is to file and serve any evidence and submissions in reply within 14 days of the date of publication of these orders;

(d) The costs applicant is to file and serve any submissions in reply within 21 days from the date of publication of these orders;