No Security For Costs In The CTTT

The Consumer Trader & Tenancy Tribunal (Tribunal) is empowered to determine any building claim brought before it in which the amount claimed does not exceed $500,000 (s48K of the Home Building Act 1989 (NSW)).

In proceedings commenced in the Tribunal, Da Silva & Da Silva Constructions Pty Limited
(Da Silva), the corporate applicant, was ordered to provide security for costs for Bresond Pty Limited, a respondent.

Pursuant to s67 of the Consumer Trader & Tenancy Tribunal Act 2001, Da Silva appealed to the Supreme Court of NSW on a question of law, namely the Tribunal holding that it had jurisdiction to make an order for security for costs.

Smart AJ ultimately decided in favour of Da Silva, deciding that the Tribunal did not have jurisdiction to make an order for security for costs.