LSH Auto (Sydney) Pty Ltd v Sherman (No 3) [2021] NSWCATAP 384

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LSH Auto (Sydney) Pty Ltd v Sherman (No 3) [2021] NSWCATAP 384 Hearing dates: On the papers Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: 1. An oral hearing of the appellant's application for costs of the new hearing is dispensed with. 2. The appellant's application for costs of the new hearing is dismissed. 3. Each party is to pay its and his own costs of the new hearing. Catchwords: COSTS — no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60(3)(a), (c), (d), (e) Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Boughen v Kumar & Paentia (No 2) [2021] NSWCATAP 262 BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Kazzi v Bechara (No 2) [2021] NSWCATAP 244 Khalaf v Commissioner of Police [2019] NSWCATOD 178 LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272 Obieta v Australian College of Professionals Pty Ltd (2014) NSWCATAP 38 The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Youssef v NSW Legal Services Commissioner (Costs) [2020] NSWCATOD 115 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Nil Category: Costs Parties: LSH Auto (Sydney) Pty Ltd (Appellant) Warwick Gregory Sherman (Respondent) Representation: Solicitors: Thomson Geer Lawyers (Appellants) Mervyn Finlay Thorburn & Marshall (Respondent) File Number(s): AP 20/12193 (2020/370673) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 February 2020 Before: P Smith, General Member File Number(s): MV 19/49966