Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 191 Hearing dates: On the papers Date of orders: 30 July 2019 Decision date: 30 July 2019 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President K Ransome, Senior Member Decision: 1. The appellant's application for costs is refused. 2. The respondent's application for costs is refused. Catchwords: APPEAL – costs of appeal – where Tribunal ordered that each party pay their own costs following withdrawal of application by builder - where sub-contractor appealed from first instance costs decision – where sub-contractor successful on appeal – where Appeal Panel re-exercised costs discretion but made no order as to costs – whether special circumstances exist justifying a costs order in favour of either party in the appeal proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 130 (28 May 2019) CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Category: Costs 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