Graham v Caravans & Motorhomes Pty Ltd t/as Jayco Newcastle [2022] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Graham v Caravans & Motorhomes Pty Ltd t/as Jayco Newcastle [2022] NSWCATAP 209 Hearing dates: 7 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member P Durack SC, Senior Member Decision: (1) Appeal allowed (2) Order Caravans and Motor Homes Pty Ltd t/as Jayco Newcastle to pay the appellant's costs of application MV 21/45998, which are assessed at $5226.08, within 7 days of the date of these orders. Catchwords: COSTS – Civil and Administrative Tribunal Rules, rule 38 – amount claimed or in dispute – failure to consider whether rule applies – proceedings settled by consent orders – whether appellant was almost certain to have succeeded – whether respondent effectively capitulated Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 B&W Windows (Residential) Pty Ltd v Sibilia [No 2] [2022] NSWCATAP 7 Brunsport Pty Ltd v Hay [2015] NSWCATAP 152 Cominos v di Rico [2016] NSWCATAP 5 Dimitropoulos v Capital Construction Pty Ltd [2019] NSWCATAP 164 Hertslet v Doherty [2016] NSWCATAP 46 House v The King (1936) 55 CLR 499 Jubian v Clarke (No 2) [2021] NSWCATAP 153 RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393 Texts Cited: None cited Category: Principal judgment Parties: Beverley Graham (Appellant)