Longbottom v Boughton (No 2) [2020] NSWCATAP 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Longbottom v Boughton (No 2) [2020] NSWCATAP 86 Hearing dates: On the papers Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Charles, Senior Member Decision: In respect of appeal AP19/50591, the orders will be: (1) The appellants are to pay the respondent's costs as agreed or assessed. (2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing of the application for costs is dispensed with. In respect of appeal AP19/46638, the orders will be: (1) The respondents are to pay the appellant's costs as agreed or assessed. (2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing of the application for costs is dispensed with. Catchwords: COSTS – whether the amount in dispute exceeds $30,000 – effect of pre-trial offer of settlement on costs of appeal – whether to award costs in a fixed sum Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bearup v Challenor Marine Services Pty Ltd [2019] NSWCATAP 225 Commonwealth v Gretton [2008] NSWCA 117 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 Hamod v State of New South Wales [2011] NSWCA 375 Harris v Marabito Holdings Pty Ltd (t/as Mark Marabito Constructions) [2018] NSWSC 1353 Ismail v NSW Land and Housing [2014] NSWSC 1434 Kostov v Zhang (No 2) [2016] NSWCA 279 Texts Cited: None Category: Principal judgment Parties: In AP 19/46638: Gregory Ross Boughton (Appellant) Dale Longbottom (First Respondent) Natalie Longbottom (Second Respondent)