Zioukin v Lang [2022] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zioukin v Lang [2022] NSWCATAP 247 Hearing dates: On the papers Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing on the question of whether there should be an order for costs of the appeal is dispensed with. (2) The application for an order for costs of the appeal is dismissed. Catchwords: COSTS – costs of appeal – appeal withdrawn by appellant on first return without a hearing on the merits – principles applicable to costs where no hearing on the merits – supervening event leading to withdrawal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Kiama Council v Grant [2006] NSWLEC 96 Re The Minister for Immigration & Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin [1997] HCA 6 Zioukin v Lang [2022] NSWSC 823 Texts Cited: None cited Category: Costs Parties: Andre Zioukin (Appellant) Sue Lang (Respondent) Representation: Self-Represented (Appellant) Self-Represented (Respondent) File Number(s): 2022/00111528 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 5 April 2022 Before: P Smith, General Member File Number(s): RT 21/33838