Pozo v Willtip Pty Ltd [2021] NSWCATAP 381

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pozo v Willtip Pty Ltd [2021] NSWCATAP 381 Hearing dates: On the papers Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member J McAteer, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), order that a hearing of the respondent's application that the appellant pay the respondent's costs of the appeal be dispensed with. (2) The application for costs order made by the respondent is dismissed. Catchwords: COSTS – circumstances where appeal withdraw - whether special circumstances for an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 55, 60, 80 Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Pines Resort Management Pty Ltd t/as Gateway Lifestyle the Pines v Marsh [2019] NSWCATAP 12 Category: Costs Parties: Sandra Pozo (Appellant) Willtip Pty Ltd (Respondent) Representation: Dr R Tomlins (Appellant) Sue Goulding (Agent) (Respondent) File Number(s): 2021/00167531 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 23 December 2020 Before: M Eftimiou, General Member File Number(s): RT 20/46864