The Owners Strata Plan No 89044 v Dreizi Constructions Pty Ltd

In this matter, The Owners Strata Plan No 89044 brought proceedings against Dreizi Constructions Pty Ltd before the Civil and Administrative Tribunal. The dispute concerned costs incurred in the context of a construction project. The Tribunal was tasked with determining the issue of costs as the parties had settled the proceedings by way of consent orders.

The key legal issue before the Tribunal was the allocation of costs between the parties, in accordance with rule 38 of the Civil and Administrative Tribunal Rules. The Tribunal considered the amount claimed or in dispute, and the terms of the settlement reached by the parties. The Tribunal found that the proceedings settled by consent orders did not warrant an oral hearing to determine the costs, in accordance with section 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).

After considering the submissions and the relevant legislation, the Tribunal determined that the issue of costs should be resolved without an oral hearing. The Tribunal found that each party should bear their own costs, as per the terms of the consent orders. The matter was therefore concluded with no costs awarded to either party.