Javam v Islam (No 2) [2020] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Javam v Islam (No 2) [2020] NSWCATAP 135 Hearing dates: On the papers Date of orders: 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Blake AM SC, Senior Member Decision: (1) An oral hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The appellant is to pay the respondent's costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS – party/party – amount claimed or in dispute general rule that costs follow the event – exceptions to general rule that costs follow the event – costs should follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50(2), 60(4)(b) Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Allen v Tricare (Hastings) Ltd [2017] NSWCATAP 25 Javam v Islam [2020] NSWCATAP 72 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Abdollah Javam (Appellant) Sirajul Islam (Respondent) Representation: Solicitors: Doyles Construction Lawyers (Appellant) Somerville Legal (Respondent) File Number(s): AP 19/00905 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 December 2019 Before: D Goldstein, Senior Member File Number(s): HB 17/50847 & HB 17/50731