Royal Flair Caravans Pty Ltd v Kylie Ryan Productions Pty Ltd (No 2) [2022] NSWCATAP 341

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Royal Flair Caravans Pty Ltd v Kylie Ryan Productions Pty Ltd (No 2) [2022] NSWCATAP 341 Hearing dates: On the papers Date of orders: 2 November 2022 Decision date: 02 November 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: (1) A hearing with respect to the costs issues in this appeal is dispensed with. (2) The respondent is to pay the appellant's costs of the proceedings at first instance, MV 19/56143, on the ordinary basis, as agreed or assessed. (3) The respondent is to pay one third of the appellant's costs of the appeal, on the ordinary basis, as agreed or assessed. Catchwords: COSTS - special circumstances not required -application of general rule that costs follow the event - appellant successful on appeal but not on significant new issue raised on appeal concerning jurisdiction of the Tribunal - discount of appeal costs awarded to appellant in the circumstances. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: James & Ors v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Markunsky v Zammit t/a Zammit Quality Constructions [2016] NSWCATAP 253 Royal Flair Caravans Pty Ltd v Kylie Ryan Productions Pty Ltd [2022] NSWCATAP 215 Texts Cited: Nil Category: Costs Parties: Royal Flair Caravans Pty Ltd (Appellant) Kylie Ryan Productions Pty Ltd trading as Inside Outside Bathurst (Respondent) Representation: Counsel: A.D. Crossland and J Widjaja (Appellant)