Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1 This is a costs decision on an appeal which was dismissed by the Appeal Panel on 4 March 2025.

2. An appeal brought by homeowner, Mr Elmaadawy, against the builder, Decent Designs, was heard on 10 February 2025, and concerned claims under the Home Building Act 1989 (NSW).

3. On 7 December 2023, Mr Elmaadawy lodged an application in the Tribunal claiming $30,000 for incomplete work and defects. On 18 January 2024 Decent Designs lodged an application claiming $43,202 for an unpaid invoice for work done (this amount was subsequently amended).

4. On 1 March 2024, Senior Member Goldstein heard both of those applications. Ultimately, Mr Elmaadawy's application was dismissed. The Builder's application was allowed in part, and Mr Elmaadawy was ordered to pay $46,561.40 to the Builder immediately. Mr Elmaadawy lodged his Notice of Appeal the same day.

5. The decision of the Appeal Panel dismissing the appeal was published with reasons on 4 March 2025: see Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45.

6. The Appeal Panel made a direction that any application for costs was to be filed and served within 14 days of the date of the decision and any reply to the costs application to be filed within 28 days of the decision date of 4 March 2025.

Builder's application for costs

7. On 14 February 2025, following the hearing, the Builder submitted a claim for costs both by email and by post (hard copy received by the Registry on 17 February 2025). The submission included the following:

"1. Claim for Application Fee:

- Incurred for lodging the claim against the Applicant with NCAT (Appendix B).

- Necessary due to the Applicant's non-compliance with payment obligations.

2. Claim for Late Payment Fee on Invoice 240047:

- As confirmed in NCAT Order 6 Aug 2024, paragraph 96, the Invoice sum of $46,561.40 (Appendix C).

- Due on termination date (29 December 2023), and ordered to pay immediately as confirmed in NCAT Order 6 Aug 2024, paragraphs 101 (Appendix D).

- Late payment fee of 19% per annum applies as per Schedule 4 - vi of the agreed contract between the applicant and the respondent, provided in appellant's supporting documents, page 51, last paragraph (Appendix E).

3. Relief Sought:

- Order the Applicant to reimburse the application fee of $618.

- Order the Applicants to pay the late payment fee accrued on Invoice 240047.

- Order the Applicant to reimburse the Respondent for any debt collection fees should the Applicant not comply with the payment obligations.

- Grant any other relief the Tribunal deems just and appropriate."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197424f2613b87d421ec0c2f)

Disclaimer: Curated by HT Syndication.