Murphy v All Steel Sheds

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Murphy v All Steel Sheds [2021] NSWCATCD 45

Hearing dates:

On the papers

Date of orders:

24 June 2021

Decision date:

24 June 2021

Jurisdiction:

Consumer and Commercial Division

Before:

K Ross, Senior Member

Decision:

1. Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2014, a hearing of the costs applications is dispensed with.

2. Each party is to pay his or its own costs up until 19 March 2020.

3. Michael Murphy is to pay All Steel Sheds Pty Ltd’s costs of the proceedings from 20 March 2020, on an ordinary basis, as agreed or assessed.

Catchwords:

COSTS — Civil and Administrative Tribunal Act 2013

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Rules (NSW)

Cases Cited:

Thompson v Chapman [2016] NSWCATAP 6

Mison v Bennett Property (NSW) Pty Ltd [2018] NSWCATAP 138

Category:

Costs

Parties:

Michael Murphy (Applicant)

All Steel Sheds Pty Ltd (Respondent)

Representation:

Solicitors:

Conrad Curry (Applicant)

Keystone Lawyers 9Respondent)

File Number(s):

HB 19/32187

Publication restriction:

unrestricted

REASONS FOR DECISION

Application

1. This dispute arises out of residential building work carried out by All Steel Sheds Pty Ltd (“All Steel Sheds”) for Michael Murphy (“the Homeowner”). The Homeowner commenced proceedings seeking damages as follows:

• for completion of the house $42,000.00 (being $75,000 less $33,000 outstanding under the contract)

• for consequential loss for delay (rent paid for alternate premises) $5,106.37

• Interest on the sum of $42,000.00 from 27 May 2019 to 28 September 2020 (and continuing at the rate of $4.97 per day) $2,811.52

2. The Tribunal found that the Homeowner was entitled to damages of $45,000 for the incomplete work, but that $41,000 outstanding under the contract with the respondent had to be offset against the amount of damages. The Tribunal also allowed an offset for an agreed variation in the sum of $735.00. On 20 May 2021 the Tribunal ordered All Steel Sheds to pay the Homeowner. the sum of $3265.00 on or before 18 June 2021.

3. The Tribunal provided for submissions as to costs. Both parties seek that the Tribunal make an order that the other party pay its costs:

1. The Homeowner seeks his costs on an ordinary basis;

2. All Steel Sheds seeks that the Homeowner pay its costs on an ordinary basis up until 19 March 2020, and on an indemnity basis thereafter, or alternatively, each party pays its own costs up until 19 March 2020, and the Homeowner pay the respondent’s costs on an indemnity basis thereafter.

4. This is the decision in respect of the cost applications.

Should a hearing be dispensed with?

5. Both parties were directed to make submissions as to whether a hearing should be dispensed with. Neither party did so.

6. I am satisfied that it is in the interest of the Tribunal’s guiding principle for a hearing of the costs applications to be dispensed with. The issues to be determined are not complex, Both parties have made written submissions which allow me…