Somerville v Club Méditerranée Australia Pty Ltd (Costs) [2021] NSWCATAP 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Somerville v Club Méditerranée Australia Pty Ltd (Costs) [2021] NSWCATAP 239 Hearing dates: On the papers Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member S Goodman SC, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing of the respondent's costs application is dispensed with; and (2) The respondent's application that the appellant pay its costs is dismissed. Catchwords: COSTS – whether special circumstances warranting an order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013, ss 36,50 and 60 Cases Cited: Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Fitzpatrick Investments Pty Ltd v Chief Cmr of State Revenue [2015] NSWCATAD 103 Macey's Group Pty Ltd v The Owners – Strata Plan No 33591 [2021] NSWCATAP 88 Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84 Somerville v Club Méditerranée Australia Pty Ltd [2021] NSWCATAP 194 The Owners – Strata Plan No. 74385 v Pullicin (Costs) [2020] NSWCATAP 49 Texts Cited: Nil Category: Principal judgment Parties: Timothy Somerville (Appellant) Club Méditerranée Australia Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self-Represented) Salerno Law (Respondent) File Number(s): 2021/00075322 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 04 March 2020 Before: G Ellis SC, Senior Member File Number(s): GEN20/43068