Yelda v Sydney Water Corporation; Yelda v Vitality Works Pty Limited (No 2) [2022] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yelda v Sydney Water Corporation; Yelda v Vitality Works Pty Limited (No 2) [2022] NSWCATAP 47 Hearing dates: 12 November 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Robertson, Senior Member Decision: (1) The appeals are dismissed. (2) Any application in respect of the costs of either appeal is to be made by written submissions filed and served within 14 days of the date of publication of this decision. Such submissions should address the question whether the application can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. (3) If a party files submissions in accordance with order 2 above in respect of an appeal the other party to that appeal may file and serve submissions in response within a further 14 days. Such submissions should address the question whether the application can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. (4) Unless a party files submissions in accordance with order 2 above, there will be no order in respect of the costs of the appeals. Catchwords: APPEALS – From exercise of discretion – Function of appellate tribunal COSTS – Special circumstances Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 1998 (Vic) Civil and Administrative Tribunal Act 2013 (NSW) Family Law Act 1975 (Cth) Supreme Court Act 1970 (NSW) Cases Cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Coal and Shale Employees Federation v Commonwealth (1953) 94 CLR 499 Beling v Victorian Legal Services (2021) VSCA 257 at 52 Bellenden (formerly Satterthwaite) v Satterthwaite [1948] 1 All ER 343 Chilcotin Pty Limited v Cenelage Pty Limited [1999] NSWCA 11 Commissioner of Taxation v Johns (2005) 144 FCR 112 Dennis Family Corporation Pty Limited v Casey City Council [2008] VCAT 691 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Edward Lees Imports Pty Ltd v Commissioner of Fair Trading; Commissioner of Fair Trading v Edward Lees Imports Pty Ltd [2019] NSWCATAP 134 Edwards v Noble [1971] HCA 54; (1971) 125 CLR 296 Gronow v Gronow (1979) 144 CLR 513, [1979] HCA 63 Housman v Camuglia [2021] NSWCA 106 Kadsielski v Guca 1 Pty Limited [2018] NSWCATAP 223 Metwally v University of Wollongong (1985) 60 ALR 68 at 71 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Norbis v Norbis [1986] HCA 17, (1986) 161 CLR 513 Nutek Constructions Pty Limited v Slotwinski [2021] NSWSC 832 Port Line Limited v Lacey unreported, NSWCA 26 July 1996 Randwick Corporation v Rutledge (1959) 102 CLR 54 Resource Pacific Pty Ltd v Wilkinson (2013) NSWCA 33 Sobalirov v Bullen [2020] NSWSC 1643 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stead v State Government Insurance Commission (1986) 161 CLR 141 The Owners of Strata Plan Number 55773 v Roden [2020] NSWCATAP 197 Vietnam Veterans' Association of Australia (New South Wales Branch Inc) v Gallagher [1994] FCA 489, (1994) 52 FCR 34 Vitality Works Australia Pty Ltd v Yelda [2021] NSWCA 147 Whisprun Pty Ltd v Dixon [2003] HCA) 48, (2003) 200 ALR 447 Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 177 Category: Principal judgment Parties: In 2021/00207178: Reem Yelda (Appellant) Sydney Water Corporation (Respondent)