The Owners SP 89023 v AT Building Pty Ltd (No 2) [2019] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners SP 89023 v AT Building Pty Ltd (No 2) [2019] NSWCATAP 215 Hearing dates: On the papers Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Hamilton SC, Senior Member Decision: (1) A hearing is dispensed with pursuant to s50(2) Civil and Administrative Tribunal Act. (2) The Owners-SP 89023 must pay the respondents costs of and incidental to appeal AP 19/00156 on the ordinary basis as agreed or assessed. Catchwords: COSTS - home building- appeal from first instance costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Latoudis v Casey (1990) 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Owners Corporation SP 79417 v Trajcevski (No.2) [2017] NSWCATAP 173 The Owners - Strata Plan 89023 v AT Building Pty Ltd [2019] NSWCATAP 171 Thomson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Costs Parties: The Owners SP 89023 – Appellants AT Building Pty Ltd and Mowbray Road Pty Ltd as trustee for Mowbray Road Unit Trust - Respondents Representation: Counsel: D Priestley SC (Respondents)

Solicitors: Sparke Helmore (Appellant) Mayweathers (Respondents) File Number(s): AP 19/00156 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2018] NSWCATCD 33 Date of Decision: 13 December 2018 Before: P Boyce, Senior Member File Number(s): HB 15/61109