Berry Patch Schofields Pty Ltd atf Berry Patch Schofields Unit Trust v Secretary, Department of Education [2022] NSWCATAD 371

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Berry Patch Schofields Pty Ltd atf Berry Patch Schofields Unit Trust v Secretary, Department of Education [2022] NSWCATAD 371 Hearing dates: 26 July 2022 Date of orders: 21 November 2022 Decision date: 21 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member E Hayes, General Member Decision: (1) The applicant is to pay the respondent's costs of and incidental to two days of the hearing being 9 and 10 June 2022. (2) The applicant is to pay the respondent's costs thrown away of and incidental to the adjournment. (3) The applicant is to pay the respondent's costs of and incidental to this application. (4) The applicant shall pay the costs as agreed or assessed within twenty-one days of that agreement or assessment. Catchwords: COSTS – s 60 Civil and Administrative Tribunal Act 2013 – costs payable forthwith – fixed sum – special circumstances - unreasonable conduct – unreasonable delay Legislation Cited: Children (Education and Care Services) National Law (NSW) Civil and Administrative Tribunal Act NSW 2013 Civil and Administrative Tribunal Rules (2014) Evidence Act 1995 (NSW) Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29 Abughazaleh v Commissioner of Police, NSW Police Force; Sydney Training Academy Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAD 30 Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 CDP Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Fiduciary Limited v. Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Fiduciary Limited v. Morningstar Research Pty Ltd (2002) 55 NSWLR 1 McDermott v Wang [2022] NSWCATAP 325 Spuds Surf Chatswood Pty Ltd v. PT Limited [2007] NSWADT 130 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) [2022] NSWCATAP 98 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) [2022] NSWCATAP 98 Woodward v Warwick Green Building Pty Ltd [2020] NSWCATAP 214 Category: Procedural rulings Parties: Berry Patch Schofields Pty Ltd atf Berry Patch Schofields Unit Trust (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: B Searson (Applicant) K Nomchong SC and Ms S McCarthy (Respondent)