Monument Building Group Pty Ltd v Kapila (No. 2) [2021] NSWCATAP 339

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Monument Building Group Pty Ltd v Kapila (No. 2) [2021] NSWCATAP 339 Hearing dates: On the papers Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member S Goodman SC, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispense with a hearing on the question of costs. (2) The respondent's application for costs of the appeal is dismissed. Catchwords: COSTS – costs on appeal – whether special circumstances established - where party given leave to be legally represented on the condition that it may not recover legal costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: BDK v Department of Education and Communities [2015] NSWCATAP 129 BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Commissioner for Fair Trading v Edward Lees Imports Pty Ltd (No 2) [2019] NSWCATAP 222 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Monument Building Group Pty Ltd v Kapila [2021] NSWCATAP 256 Category: Costs Parties: Monument Building Group Pty Ltd (Appellant) Shruti Kapila (Respondent) Representation: Counsel: E Dalrymple (Appellant)