1735 Pty Ltd v Chief Commissioner of State Revenue; 1735 Pty Ltd atf Bares Family Trust v Chief Commissioner of State Revenue (Costs) [2021] NSWCATAD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 1735 Pty Ltd v Chief Commissioner of State Revenue; 1735 Pty Ltd atf Bares Family Trust v Chief Commissioner of State Revenue (Costs) [2021] NSWCATAD 134 Hearing dates: On the papers. Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg RFD, Senior Member Decision: (1) In respect of applications 2018/00335346 and 2018/00335353 (being the proceedings relevant to 1735 Pty Ltd v Chief Commissioner of State Revenue [2020] NSWCATAD 186), (the Substantive Proceedings): (a) Subject to order (b) below, 1735 Pty Ltd on its own account and as trustee for the Bares Family Trust, and Sheep Station Pty Ltd (the Applicants) shall pay the costs of the Chief Commissioner of State Revenue, incurred on and from 11 October 2019, of and incidental to the Substantive Proceedings, as agreed or assessed on the ordinary basis. (b) Dandanis & Associates is jointly liable with the Applicants for the costs of the Chief Commissioner of State Revenue, such costs to be calculated on an indemnity basis as agreed or assessed, in relation to each of the following events: (i) Dandanis & Associates causing summonses to be issued after the first hearing day; (ii) Dandanis & Associates making an adjournment application after the first hearing day and before the second hearing day; and (iii) Dandanis & Associates failing to give reasonable notice that the Chief Commissioner's expert was not required to attend the second hearing day. (c) The Applicants and Dandanis & Associates shall pay the costs to the Chief Commissioner or his representative within 7 days of agreement or assessment. Catchwords: COSTS - whether there were special circumstances and if so did they warrant an order for costs – s 60 Civil and Administrative Tribunal Act 2013 - credibility of a party - costs calculated on an ordinary basis – costs calculated on an indemnity basis - failure to comply with orders and directions – conduct of proceedings – unreasonably prolonging proceedings - costs to be paid by solicitors acting for a party. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Land Tax Management Act 1956 (NSW) Legal Profession Uniform Law Application Act 2004 (NSW) Cases Cited: 1735 Pty Ltd v Chief Commissioner of State Revenue [2020] NSWCATAD 186 A J Holdings (NSW) Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 143 Ceepee Pty Ltd v Roads and Maritime Services [2015] NSWCATAD 130 CRIPPS and Another v G& M DAWSON Pty Ltd and Another; G & M DAWSON Pty Ltd and Another v CRIPPS and Another [2006] NSWCA 81 Diaspora Holdings Pty Ltd v The Owners- Strata Plan No. 68608 [2018] NSWCATCD 52 Fitzpatrick Investments Pty Limited v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Lin v Chief Commissioner of State Revenue [2018] NSWCATAD 98 Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of Strata Plan 68608 [2019] NSWSC 651 The Owners – Strata Plan No 55773 v Roden (Costs) [2020] NSWCATAP 197 Yammatree Pty Ltd (Applicant); North West Local Land Service (Respondent) [2015] NSWCATAD 221 Texts Cited: None Category: Costs Parties: In 2018/00335346: 1735 Pty Ltd (First Applicant) Sheep Station Pty Ltd (Second Applicant) Chief Commissioner of State Revenue (Respondent)