Nutek Constructions Pty Ltd v Juno Australia Pty Ltd [2019] NSWCATAP 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nutek Constructions Pty Ltd v Juno Australia Pty Ltd [2019] NSWCATAP 294 Hearing dates: On the papers Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Appeal Panel Before: T Simon, Senior Member D Robertson, Senior Member Decision: (1) Appeal allowed in part. (2) Vary Order 3 of the orders made by the Tribunal on 26 July 2018 by deleting the words "on an indemnity basis" so that Order 3 will be "The applicant is to pay the respondents' costs as agreed or assessed." Catchwords: ADMINISTRATIVE LAW – administrative tribunals – Civil and Administrative Tribunal (NSW) – duty to give reasons for decision – reasons inadequate – appeal allowed; COSTS – indemnity costs – no reasons given for award of indemnity costs – no justification for award of costs on the indemnity basis Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158 Texts Cited: None cited Category: Principal judgment Parties: Nutek Constructions Pty Ltd (Appellant) Juno Australia Pty Ltd (First Respondent) Mariusz Piotr Slotwinski (Second Respondent) Julia Slotwinski (Third Respondent) Representation: Solicitors: Harrington Lawyers (Appellant) Lou Baker & Associates (Respondents) File Number(s): AP 18/36620 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 July 2018 Before: G Meadows, Senior Member File Number(s): HB 16/25001: HB 17/06469