Federal Hospitality Equipment Pty Ltd v SSSR Global Pty Ltd [2021] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Federal Hospitality Equipment Pty Ltd v SSSR Global Pty Ltd [2021] NSWCATAP 81 Hearing dates: 15 February 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Curtin SC, Senior Member Decision: The appellant is to pay 50% of the Second Respondent's and the Third Respondent's costs of the appeal, as agreed or assessed, from 18 December 2020, including 50% of the costs incurred in preparing and lodging the application for removal dated 18 December 2020 and filed on 23 December 2020. Catchwords: COSTS – party/party – special circumstances warranting an award of costs established – misconceived appeal – non-compliance with obligation to comply with the Tribunal's directions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(3), 55(1)(a), 60, Sch 4 cl 10(2) Civil and Administrative Tribunal Rules 2014 (NSW), rr 29(b), 38, 38A Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Texts Cited: Nil Category: Costs Parties: Federal Hospitality Equipment Pty Ltd (Appellant) SSSR Global Pty Ltd (First Respondent) Joe Staltari (Second Respondent) Elite Food Appliances Pty Ltd (Third Respondent) Representation: R Russell (Appellant's National Service Manager) S Muni (Husband of First Respondent's Director) Lighthouse Law Group (Second and Third Respondents) File Number(s): 2020/00371173 (AP 20/48682) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 6 November 2020 Before: G Kinsey, General Member File Number(s): GEN 20/43641