Palazzi v Beyer t/as Leisure Pools and Spas Newcastle (No 2) [2020] NSWCATCD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Palazzi v Beyer t/as Leisure Pools and Spas Newcastle (No 2) [2020] NSWCATCD 19 Hearing dates: On the papers Date of orders: 28 January 2020 Decision date: 28 January 2020 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The application for a lump sum costs order is determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) Order 4 of the Tribunal dated 23 October 2019 is varied to reflect Order 3 below. (3) Jamie Beyer t/as Leisure Pools and Spas Newcastle is to pay William Palazzi and Debra Palazzi the costs of and incidental to the proceedings in Matter HB 19/39023 in the fixed lump sum amount of $9,042.70 to be paid by 28 days from the date of this costs decision. Catchwords: COSTS — Lump sum costs order — Whether appropriate — Quantum of lump sum costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Oshlack v Richmond River Council [1993] HCA 11; (1993) 193 CLR 73 Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403; Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Ellis v The Owners-Strata Plan No 80605 [2018] NSWCATAP 174 Anderson v The Owners-Strata Plan No 61034 (No 2) [2019] NSWCATAP 108 Texts Cited: Nil Category: Costs Parties: William Palazzi (First Applicant) Debra Palazzi (Second Applicant) Jamie Beyer t/as Leisure Pools and Spas Newcastle (First Respondent) Leisure Pools Newcastle Pty Ltd (Second Respondent) Representation: First and Second Applicant (Self-represented) File Number(s): HB 18/39023 Publication restriction: Nil