Forbes v Spratt [2022] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forbes v Spratt [2022] NSWCATAP 13 Hearing dates: 22 September 2021 Date of orders: 19 January 2022 Decision date: 19 January 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member M Gracie, Senior Member Decision: (1) An oral hearing of the respondents' application for costs of the appeal is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The appellant is to pay the respondents' costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS – costs of appeal – appeal withdrawn by appellant without a hearing on the merits – principles applicable to costs where no hearing on the merits – withdrawal effectively a surrender Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Rules 2014 (NSW), r 38A ss 36(3), 50(2), 55(1)(a), 60 Cases Cited: CPD Holdings Pty Ltd t/as the Bathroom Exchange v Baguley [2015] NSWCATAP 21 D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Kiama Council v Grant [2006] NSWLEC 96 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pines Resort Management Pty Ltd t/as Gateway Lifestyle the Pines v Marsh [2019] NSWCATAP 12 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Category: Costs Parties: Peter D Forbes (Appellant) Robin and Suzanne Spratt (Respondents) Representation: Counsel: A Justice (Respondents)