El Ali v Beaini Enterprises Pty Ltd and Anor (No 2) [2022] NSWCATAP 350

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Ali v Beaini Enterprises Pty Ltd and Anor (No 2) [2022] NSWCATAP 350 Hearing dates: On the papers Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Appeal Panel Before: D Charles, Senior Member J McAteer, Senior Member Decision: 1. Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013, order that a hearing of the respondent's application that the appellant pay the respondent's costs of the appeal be dispensed with. 2. The application for a costs order made by the respondents is granted. 3. The appellants are to pay the respondent's costs on a party / party basis, such costs to be agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: COSTS – whether special circumstances apply for an award of costs – whether lump sum costs order appropriate Legislation Cited: Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Abed v Cosgrove t/as Alison Arts; Cosgrove v Abed (No 2) [2018] NSWCATAP 133 Brodyn Pty Ltd – v- Owners Corporation – Strata Plan 73019 (No 2) [2016] El Ali v Beaini Enterprises Pty Ltd and Anor [2022] NSWCATAP 230 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: None cited Category: Costs Parties: Alan El Ali (First Appellant) Yates Holdings Victoria Pty Ltd (Second Appellant) Beaini Enterprises Pty Ltd (First Respondent) Beaini Corp Pty Ltd (Second Respondent) Representation: Counsel A Fernon SC (First Appellant) P Lin (First Appellant) J Horowitz (First Respondent)