MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 145 Hearing dates: 22 March 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member M Gracie, Senior Member Decision: 1. A hearing in relation to the respondent's costs application is dispensed with. 2. The appellant is to pay the respondent's costs as agreed or as assessed. 3. The stay of 9 December 2020 is lifted. 4. The monies held in the appellant's solicitors trust account are to be paid to the respondent immediately. 5. Direct the appellant to file and serve on the respondent written submissions on the lifting of the stay and costs of the Application for Miscellaneous Matters within seven days of publication of these reasons. 6. The respondent may file and serve any reply within a further seven days after receipt of the appellant's submissions. 7. If the appellant does not file and serve submissions in accordance with order 5 above, the following orders will be made and take immediate effect: a. all trust monies held in the trust account of Gartree Thomson Lawyers pursuant to order 2 of the Stay Order dated 10 December 2020 are to be immediately released to (or as directed by) the Respondent; (b) there be no order as to the costs of the Application for Miscellaneous Matters. Catchwords: COSTS – no question of principle MISCELLANEOUS APPLICATION – release of trust monies and costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 90 Texts Cited: Nil Category: Consequential orders Parties: MPP Property Pty Ltd (Appellant) Soliman Hospitality Pty Ltd (Respondent) Representation: Solicitors: Effective Legal Solutions (Appellant) Gartree Thomson Lawyers (Respondent) File Number(s): 2020/00371188 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Before: Senior Member Thode (1 and 2 July 2020) Senior Member Ulman (6 July 2020) File Number(s): COM 19/38783