Tang v Mawad Group Pty Ltd [2021] NSWCATAP 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tang v Mawad Group Pty Ltd [2021] NSWCATAP 282 Hearing dates: 10 May 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member S Goodman SC, Senior Member Decision: 1. The appeal is dismissed. 2. The respondent's application to vary order numbered 5 made on 16 March 2021 is dismissed. 3. If either party wishes to make submissions as to costs of: (1) this appeal incurred since 16 March 2021, or (2) the application to vary the 16 March 2021 Costs Order: (a) that party ("moving party") is to provide written submissions, not exceeding 5 pages, to the Appeal Panel and other party within 2 weeks of the date of these Orders and is to indicate in those submissions whether it consents to costs being determined on the papers pursuant to section 50 of the Civil and Administrative Tribunal Act; (b) the other party is to provide written submissions in response, not exceeding 5 pages, to the Appeal Panel and the moving party within 4 weeks of the date of these Orders and is to indicate in those submissions whether it consents to costs being determined on the papers pursuant to section 50 of the Civil and Administrative Tribunal Act; (c) the moving party is to provide any written submissions in reply, not exceeding 2 pages, to the Appeal Panel and the other party within 5 weeks of the date of these Orders. 4.The stay order made on 13 January 2021 is lifted. Catchwords: APPEAL – appeal from exercise of discretion fixing the amount of costs to be paid - acting on a wrong principle - failure to consider relevant considerations – unreasonableness - adequacy of reasons – indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Australian and New Zealand Banking Group Limited [2016] NSWSC 833 B & L Linings Pty Ltd v Chief Commissioner of Estate Revenue (No. 6) (RD) [2012] NSWADTAP 26 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No. 2) [2009] NSWCA 12 Gautam v Health Care Complaints Commission Global Abode Pty Ltd v Podgoetsky [2021] NSWCATAP 77 Hamod v State of New South Wales and Anor [2011] NSWCA 375 House v R (1936) 55 CLR 499 In the matter of K & K Property Solutions Ltd [2018] NSWSC 293 Leichhardt Municipal Council v Green [2004] NSWCA 341 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180; (2013) 85 NSWLR 86 Mendonca v Tonna [2017] NSWCATAP 176 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; (2019) 100 NSWLR 578 Oshlack v Richmond River Council (1998) 193 CLR 72 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Wainohu v New South Wales (2011) 243 CLR 181 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Yi Min Tang (First Appellant) Sima Podgoetsky (Second Appellant) Mawad Group Pty Ltd (Respondent) Representation: Counsel: E Chrysostomou (Respondent)