Cappello v Homebuilding Pty Ltd (No.2)

In the proceedings of Cappello v Homebuilding Pty Ltd (No.2), the plaintiff, Cappello, sought to appeal a decision made by the Review Panel regarding costs. The defendant, Homebuilding Pty Ltd, responded by dismissing the appeal and subsequently applying for a costs order. This matter was heard in the Supreme Court of New South Wales. The court was tasked with deciding whether the plaintiff's application for an appeal from the costs determinations was meritorious and whether a gross sum costs order should be granted to the defendant.

The court considered the nature of the appeal and the circumstances surrounding the costs determinations. The primary issue was whether the plaintiff's application for costs was justified, and if not, whether a gross sum costs order should be granted to the defendant. The court noted that the plaintiff's appeal was dismissed due to the lack of any issue of principle. As such, the court found that the defendant was entitled to be compensated for the costs incurred in defending the appeal.

The court ruled that the plaintiff's appeal was without merit, and a gross sum costs order should be granted to the defendant. The court assessed the reasonable costs incurred by the defendant, which included $10,549.40 for solicitors' costs and $15,900.00 for counsel's fees, resulting in a total of $26,449.40. The court ordered that these costs be paid by the plaintiff to the defendant. The orders were to be stayed until 5 pm on 28 March 2023, allowing for any potential review or further applications.