Bechara v Kazzi (no 2) [2022] NSWCATAP 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bechara v Kazzi (no 2) [2022] NSWCATAP 170 Hearing dates: On the papers Date of orders: 24 May 2022 Decision date: 24 May 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: 1. Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing of the respondents' application for costs of the appeal is dispensed with. 2. The respondents' application for the appellant to pay their costs of the appeal is dismissed. Catchwords: APPEALS - costs Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Steve Bechara (Appellant) Youssef Elias Kazzi & Odette Kazzi (Respondents) Representation: Appellant (self-represented) Respondents(self-represented) File Number(s): 2021/00269207 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 25 August 2021 Before: T Simon, Principal Member File Number(s): HB 19/50427

REASONS FOR DECISION 1. On 1 December 2021, we made orders in this appeal, including that the appeal be dismissed and that the respondents were to provide the Tribunal and the appellant with written submissions in support of their application that the appellant should pay the respondents' costs of the appeal. 2. The time by which the respondents were to provide their submissions has now long passed and no such submissions have been provided. 3. Despite enquiry from the Registry of the Tribunal to the respondents, by letter dated 19 April 2022, about whether their costs application was pursued or whether it should be dismissed, there has been no communication from the respondents to the Tribunal about this. Written submissions on behalf of the appellant concerning the costs application were provided to the Appeal Panel on 4 May 2022. 4. In accordance with s 50 (3) (a) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act), the parties have been provided with an opportunity to make submissions as to whether a hearing of the respondents' costs application should be dispensed with. No submissions on this issue have been received from the respondents. The appellant, by his solicitor, has submitted that such a hearing should be dispensed with. We agree with that submission from the appellant. In the straight forward circumstances of this matter such a hearing is unnecessary and the issue can be adequately determined by considering the appellant's submissions, the reasons for dismissing the appeal and the absence of submissions from the respondents. We consider that dispensing with the hearing would be in accordance with the guiding principle in s 36 of the NCAT Act. 5. The appeal was against orders made in the Consumer and Commercial Division of the Tribunal concerning the termination and possession of residential premises once rented by the respondents to the appellant. Accordingly, so far as an order for costs was concerned, although the respondents were the successful party on the appeal, they were not entitled to any costs order in their favour unless they were able to establish that "special circumstances" warranted the making of such an order: s 60 (2) of the NCAT Act. 6. Despite having the opportunity to do so, the respondents have not put forward any grounds upon which such "special circumstances" should be found to exist. 7. In those circumstances, we dismiss the respondents' application for their costs of the appeal with the result that each party must bear their own costs of the appeal. 8. For these reasons, the orders we make are as follows: 1. Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing of the respondents' application for costs of the appeal is dispensed with. 2. The respondents' application for the appellant to pay their costs of the appeal is dismissed.