Boughen v Kumar & Paentia (No 2) [2021] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boughen v Kumar & Paentia (No 2) [2021] NSWCATAP 262 Hearing dates: On the papers Date of orders: 7 September 2021 Decision date: 07 September 2021 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member M Gracie, Senior Member Decision: (1) Order under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to dispense with an oral hearing of the appellant's application for costs of the appeal. (2) Allow the appellant's application for his costs of the appeal. (3) Order that the respondents pay the appellant the sum of $1,783.30 (including GST) in full and final payment of his costs of the appeal, within 14 days of the date of publication of these reasons for decision. Catchwords: APPEAL — NCAT— costs - appeal upheld in part -leave to appellant apply to seek costs of appeal - appellant filed submissions seeking costs - no submissions filed by respondent opposing application for costs - special circumstances - apportionment of costs - evidence of costs - costs modest - gross sum costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Beach Petroleum NL v Johnson (1995) 57 FCR 119 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Boughen v Kumar & Paentia [2021] NSWCATAP 116 CPD Holdings Pty Ltd t/as the Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Latoudis v Casey [1990] 170 CLR 534 Leary v Leary [1987] 1 All ER 261 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor (No 2) [2021] NSWCA 98 O'Rourke v P & B Corporation Pty Ltd [2008] WASC 36 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Costs Parties: Brendan Boughen (Appellant) Devendra Kumar (First Respondent) Suman Paentia (Second Respondent) Representation: Simplicity Law (Appellant) Stockton Grange Real Estate (Respondents) File Number(s): 2020/00371265 (AP 20/53800) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 December 2020 Before: J Lynch, Tribunal Member File Number(s): RT 20/39673