Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd (No 2) [2022] NSWCATAP 361 Hearing dates: On the papers Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. A hearing of the slip rule application and applications for costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The application to amend the orders made 12 May 2022 in respect of repayment of any overpaid rent is refused. 3. If necessary, Wine Nomad Pty Ltd has liberty to apply to the Tribunal at first instance for an ancillary order in connection with the repayment of rent. 4. In respect of the proceedings at first instance, Hanave Pty Limited is to pay the costs of Wine Nomad Pty Ltd in proceedings COM 21/08975 and COM 21/17178, such costs to be as agreed or as assessed on the ordinary basis. 5. In respect of the appeal proceedings, Hanave Pty Limited is to pay the costs of Wine Nomad Pty Ltd in proceedings 2021/00325262 and 2021/00340129, such costs to be as agreed or as assessed on the ordinary basis. Catchwords: PRACTICE AND PROCEDURE – s 63 Civil and Administrative Tribunal Act 2013 – power to correct for accidental error or omission – whether appropriate where no submissions and/or factual finding made in substantive appeal concerning making an order for payment of money COSTS – operation of r 38 and r 38A of the Civil and Administrative Tribunal Rules 2014 – meaning of "proceedings" – meaning of "amount claimed or in dispute" – application of rule to proceedings where there are two applications, one in the nature of a cross-application – relevance of issues raised in cross-application to determine what, if any, amount is in dispute in the primary proceedings Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) (repealed) Home Building Act 1989 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Retail Leases Act 1994 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd [2022] NSWCATAP 153 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 R v Cripps; ex parte Muldoon [1984] QB 686 Re Adoption of SRK (No 2) [2014] NSWSC 160 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Thompson v Chapman [2016] NSWCATAP 6 Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146 Texts Cited: Nil Category: Consequential orders Parties: In 2021/00325262 Hanave Pty Ltd (Appellant) Wine Nomad Pty Ltd (Respondent)