Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. On 3 June 2025, in this appeal, the Appeal Panel ordered that:

1) To the extent necessary, leave to appeal is granted.

2) The orders made on 31 October 2024 are set aside and are replaced with the orders below.

3) Pursuant to s 79N of the Fair Trading Act there be a declaration that the Appellants are relieved of any obligation to pay the Respondent in relation to work carried out on the Morris Minor utility, vehicle body number 133954352, serial number 6315 any sum in excess of the amount of $4,627, such amount only due and payable following the determination and quantification of costs, if any.

4) The Respondent and/or her contractor is to deliver up the vehicle to the Appellants at a time and date suitable to the Appellants and/or their contractor together with all body and parts of the vehicle in their possession not attached to the vehicle and the parties must liaise and cooperate with each other in order to facilitate the compliance of this order.

5) The stay of order (1) in matter 2022/00408760 made on 28 November 2024 is cancelled.

6) Any submissions on costs are to be filed and served by the Appellants within 14 days of the publication of these reasons.

7) The Respondent may respond within 21 days of the publication of these reasons.

8) The Appellants may reply within a further 7 days.

9) In the event that the Appellants are entitled to costs, any amount payable may be offset against the sum of $4,627 the subject of order (3).

10) Submissions are to include whether the parties consider that the issue of costs may be determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.

(See [2025] NSWCATAP 124)

2. The Appellants on 16 June 2025 filed an application for costs with detailed supporting documents.

3. The Appellants consented to the consideration of their costs application on the papers pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 ("the CAT Act") without the need for a hearing.

4. The Respondent filed no materials.

5. We are satisfied the issues in respect of costs can be adequately determined in the absence of the parties by considering the written submissions and supporting materials lodged in support of the application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987d42bae658c22b2f10bb2)

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