Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272 Hearing dates: On the papers Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing on the question of costs of the appeal is dispensed with. (2) The appellant is to pay the respondent's costs of the appeal as agreed or assessed. Catchwords: COSTS – appeal from Consumer and Commercial Division – whether r 38 and r 38A Civil and Administrative Tribunal Rules 2014 apply – whether appropriate order is order for costs in the cause Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Deacon v National Strategic Constructions Pty Ltd (No 2) [2018] NSWCATAP 31 Dimitropoulos v Capitol Constructions Pty Ltd [2019] NSWCATAP 164 Dyldam Developments Pty Ltd v Mewing (No 2) [2019] NSWCATAP 258 Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 [2019] NSWCATAP 229 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 2) [2007] NSWCA 142 Latoudis v Casey [1990] 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: NCAT Procedural Direction 5: Acceptance of Home Building Claims Category: Costs Parties: Dyldam Developments Pty Ltd (Appellant) The Owners – Strata Plan No 85305 (Respondent) Representation: Counsel: L Shipway (Appellant) D Hand (Respondent)