K & K Ventures Pty Ltd v Attar [2019] NSWCATAP 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: K & K Ventures Pty Ltd v Attar [2019] NSWCATAP 182 Hearing dates: On the papers Date of orders: 18 July 2019 Decision date: 18 July 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: 1. A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The Respondent is to pay the Appellant's costs of the appeal, including the submissions on costs, as agreed or assessed, within 28 days of the date of agreement or assessment. 3. The Respondent is to pay the Appellant's costs of proceedings HB 18/13908 from 29 May 2018 onwards, as agreed or assessed, within 28 days of the date of agreement or assessment. Catchwords: APPEAL – Costs – rule 38 – rule 38A - no requirement to establish special circumstances – capitulation by respondent on appeal – acceptance of absence of jurisdiction under Home Building Act 1989 - general discretion to award costs – costs awarded on appeal – costs awarded at first instance from date jurisdiction put in issue. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Home Building Act 1989 Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232 Watts -v- RHG Mortgage Corporation Ltd [No 2] [2016] WASCA 17 Category: Costs Parties: K & K Ventures Pty Ltd (Appellant) Moudhi Attar (Respondent) Representation: Counsel: A Hopkins (Appellant)