Liu v Samuel Homes Pty Ltd (No.2)

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Liu v Samuel Homes Pty Ltd (No.2) [2021] NSWCATCD 135

Hearing dates:

On Papers

Date of orders:

18 October 2021

Decision date:

18 October 2021

Jurisdiction:

Consumer and Commercial Division

Before:

J Ringrose, General member

Decision:

1.The respondent is to pay the applicant’s costs as agreed or failing agreement as assessed under Part 4.3 Division 7 of the Legal Profession Uniform Application Act 2014.

2.The costs agreed or assessed under order 1 shall be payable within 28 days of the agreement or assessment.

Catchwords:

COSTS – Whether there are “special circumstances” for the purposes of s.60(2) of the Civil and Administrative Tribunal Act 2013 – Termination of costs payable.

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Legal Profession Uniform Application Act 2014 (NSW)

Cases Cited:

Alexander James Pty Ltd v Pozetu Pty Ltd (No.2) [2016] NSWCATAP 75

Bostick Australia Pty Ltd v Liddiard (No.2) [2009] NSWSCA 304

CEU v University of Technology Sydney [2017] NSWCA 280

CPD Holdings Pty Ltd t/a The Bathroom Exchange v Baguley [2015] NSWCATAP 21

Cripps v G&M Dawson [2006] NSWCA 84

GM Dawson Pty Ltd and Anor v Cripps and Anor [2006] NSWCA 81

Kelly v Noumenon Pty Ltd (1988) 47 SASR 182

Latoudis v Casey [1990] HCA 59

Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120

Thompson v Chapman [2016] NSWCATAP 6

Texts Cited:

Nil

Category:

Costs

Parties:

Leslie Liu (Applicant)

Samuel Homes Pty Ltd (Respondent)

Representation:

Solicitors:
Bannermans Lawyers (Applicant)

File Number(s):

HB 18/52002

reasons for decision

Background

1. In November 2016 the applicant entered into a building contract with the respondent in respect of works to be undertaken at 18 Hollis Avenue Denniston East.

2. An application for principal relief was filed on 28 November 2018 and the matter was heard on 29 November 2019, 28 February 2020, 14 May 2020, 6 August 2020, and 4 March 2021. On those various occasions the applicant was represented by his solicitors whilst solicitors and counsel appeared for the respondent up to 5 August 2020.

3. On 28 July 2021 the Tribunal ordered that the respondent pay the applicant a sum of $342,660.79 within one month of the date of those orders. Further orders were made requiring a party seeking costs to provide written submissions and relevant evidence within 21 days of the date of the orders with the other party to provide their response within 42 days of the date of those orders.

4. Submissions were received from the applicant on 31 August 2021 and no submissions in reply have been received from the respondent by the time submissions were formally closed on 30 September 2021, or at any time since that date.

Applicant’s submissions

5. Mr Campbell of Bannermans Lawyers provided written submissions which were dated 23 August 2021. The applicant seeks orders that the respondent pay the applicant’s costs of the proceedings as agreed or assessed and he has argued that the claim for costs should follow the event as the applicant has been…