Gay v The Minister Administering the Environmental Planning and Assessment Act (No 2) [2022] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gay v The Minister Administering the Environmental Planning and Assessment Act (No 2) [2022] NSWCATAP 42 Hearing dates: On the papers Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member J Currie, Senior Member Decision: (1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application for costs and other orders is dismissed. (3) Each party is to bear its own costs of the appeal in accordance with s 60 (1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014---Amount claimed or in dispute in appeal proceedings---Whether special circumstances must be established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW ) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Gay v The Minister Administering the Environmental Planning and Assessment Act [2021] NSWCATAP 359 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: John Gay (Appellant) The Minister Administering the Environmental Planning & Assessment Act (Respondent) Representation: A Johnstone – Solicitor for the appellant N Simpson – Counsel for the respondent File Number(s): 2021/88556 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 12 November 2020 Before: S Hennings, General Member File Number(s): RT 20/40916