Brenchley v Clissold [2021] NSWCATAP 319

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brenchley v Clissold [2021] NSWCATAP 319 Hearing dates: Decision on the papers Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member D Goldstein, Senior Member Decision: The Appeal Panel orders that: 1) A hearing on costs is dispensed with pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013. 2) The first respondent's application for costs be dismissed. 3) Each party to the appeal is to pay its own costs. Catchwords: COSTS – Whether special circumstances existed – Costs where appeal is withdrawn without a hearing on the merits Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Strata Schemes Development Act 2015 Strata Schemes Management Act 2015 Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No 2) (2016] NSWCATAP 75 Allen v Tricare (Hastings) Ltd [2017) NSWCATAP 25 Augustus v Mohammed (No 2) CATAP 165 Council of the Law Society of New South Wales v Levitt [2017] NSWCATOD 126 CPD Holdings Pty Ltd t/a The Bathroom Exchange v Baguley (2015] NSWCATAP 21 Durran t/a Canberra Sheds and Outdoor Storage v Bliss [2018) NSWCATAP 43 Gaynor v Burns [2015] NSWCATAP 150 Hamod v State of NSW (2002) 188 ALR 659; [2002) FCA 424; [2002) FCAFC 97 Jabulani Pty Ltd v Walkabout 11 Pty Ltd [2016] NSW CA 267 Ngyuen v Perpetual Trustee Co Ltd [2015] NSWCATAP 264 Oshlak v Richmond River Council [1998) HCA 11; (1998) 193 CLR 72 Re-Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997) HCA's 6; (1997) 186 CLR 622 SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222 Category: Costs Parties: Anthony Brenchley& Ors (Appellants) Keith Barry Clissold (First Respondent) The Owners – Strata Plan No 80609 (Second Respondent) Representation: Counsel: Mr T. Rollo (First Respondent)