Noureddine v Barbalace Construction Pty Ltd [2019] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noureddine v Barbalace Construction Pty Ltd [2019] NSWCATAP 223 Hearing dates: 25 March 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. (4) In the event that a party contends for a different costs orders, order 3 above ceases to have effect and the following orders apply. (5) Not later than 14 days after publication of these orders, the party seeking a different costs order (the costs applicant) is to file and submissions not exceeding five pages in length in support of the costs order sought. (6) Not later than 14 days thereafter, the other party (the costs respondent) is to file and serve any submissions in response, also not exceeding five pages in length. (7) Not later than 7 days thereafter, the costs applicant is to file and serve any submissions in reply not exceeding three pages in length. (8) Subject to the parties' submissions, the Appeal Panel will determine any application for a different costs order without a hearing, on the basis of the written submissions provided. Catchwords: APPEAL - Costs – Successful party – Exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499 Kovalev v Minister for Immigration & Multicultural Affairs [1999] FCA 557 (6 May 1999) Latoudis v Casey [1990] 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Principal judgment Parties: Moustafa Nourreddine (First Appellant) Doha Noureddine (Second Appellant) Barbalace Constructions Co Pty Ltd (Respondent) Representation: Counsel: D Delmonte (Appellants) MF Newton (Respondent)