Robust Builders Pty Ltd v Bhardwaj (No 2) [2020] NSWCATAP 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robust Builders Pty Ltd v Bhardwaj (No 2) [2020] NSWCATAP 61 Hearing dates: On the papers Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Appeal Panel Before: S Thode Senior Member JS Currie Senior Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The appellant must pay the respondents' costs of the Appeal proceedings on the ordinary basis, as agreed or assessed as set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014. (3) The stay granted on 24 October 2019 is lifted. (4) The monies paid into the Registry pursuant to Order 1(a) of the stay orders and held by the Registrar are to be paid to the respondents Madhu Bhardwaj and Nisha Bhardwaj immediately. Catchwords: COSTS- Costs of appeal from Consumer and Commercial Division- costs order- refusal to order costs on indemnity basis. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Legal Profession Uniform Law Application Act 2014 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Northern Territory v Sangare [2019] HCA 25 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Costs Parties: Robust Builders Pty Ltd(Appellant) Madhu Bhardwaj (First Respondent) Nisha Bhardwaj (Second Respondent) Representation: Counsel: M Horobin (Respondent)