Actol Pty Ltd v Pro9 Systems Pty Ltd [2022] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Actol Pty Ltd v Pro9 Systems Pty Ltd [2022] NSWCATAP 255 Hearing dates: 14 June 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. Leave to appeal is refused and the appeal is dismissed. 2. In the event either party seeks an order for costs in its favour, the following directions apply: (a) Any application for costs and evidence and submissions in support (costs application) is to be filed and served within 14 days from the date of this decision. (b) Any evidence and submissions in response to the costs application are to be filed and served within 28 days from the date of this decision. (c) Any submissions in reply are to be filed and served within 35 days from the date this decision. (d) Submissions are to include submissions about whether an order should be made dispensing with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS – Sanderson order – refusal to make – no error in exercise of discretion Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 House v The King [1936] HCA 40; (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; [1997] 186 CLR 622 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Council v The City of Liverpool and Turano [No 2] [2009] NSWCA 176 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: Nil Category: Principal judgment Parties: Actol Pty Ltd (Appellant) Pro9 Systems Pty Ltd (First Respondent) Daniel Jukic (Second Respondent) Representation: Counsel: C Carter (Appellant)