NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mirvac Homes (NSW) Pty Limited v Noakes [2022] NSWCATCD 74 Hearing dates: On the papers Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: The respondent is to pay the applicant's costs of the proceedings constituted by File Nos COM 21/50582 and COM 21/50720 on the ordinary basis as agreed or as assessed in accordance with the applicable costs assessment legislation. Catchwords: COSTS – Consent orders for possession and removal of property in agricultural tenancy matters – Whether there are special circumstances in each proceeding warranting a costs order – Exercise of costs discretion where one party has a contractual right to costs Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 Diaspora Holdings Pty Ltd v Owners SP 68608 [2019] NSWCATAP 250 Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Rodny v Stricke [2020] NSWCATAP 20 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [24] Williams v Lewer [1974] 2 NSWLR 91 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 Texts Cited: Nil Category: Costs Parties: Mirvac Homes (NSW) Pty Limited (Applicant) Nicole Noakes (Respondent) Representation: Solicitors: Dentons Australia (Applicant) Respondent (Self-represented) File Number(s): COM 21/50582; COM 21/50720 Publication restriction: Nil
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