Roseland Projects Pty Ltd v Jiadong Yang [2020] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roseland Projects Pty Ltd v Jiadong Yang [2020] NSWCATAP 45 Hearing dates: 10 February 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Subject to order 4 below, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. (4) Order 3 above ceases to have effect if either party contends for a different costs order, in which case the following procedural directions apply. (a) The party seeking the different costs order is to file and serve submissions not exceeding five pages in length not later than 14 days after the date of publication of these reasons for decision. (b) The other party is to file and serve submissions not exceeding five pages in length not later than 14 days thereafter. (c) Any submissions in reply are to be filed and served 7 days thereafter. Catchwords: APPEAL - exercise of discretion to award costs - costs to follow the event; no order as to costs - no demonstrated error - no substantial miscarriage of justice - costs of the appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Galati v Deans (No 3) [2018] NSWSC 1861 Golding v Vella (No 2) [2001] NSWSC 731 House v King (1936) 55 CLR 499. Taylor v Peslak [2018] NSWCATAP 57 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: None cited Category: Procedural and other rulings Parties: Roseland Projects Pty Ltd (Appellant) Jiadong Yang (Respondent) Representation: Counsel: W Chan (Respondent)