Chinchilla on the Bay Pty Ltd v Independent Reserve Pty Ltd (Costs) [2023] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chinchilla on the Bay Pty Ltd v Independent Reserve Pty Ltd (Costs) [2023] NSWCATAP 19 Hearing dates: On the papers – referred to Appeal Panel on 13 November 2022 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) Chinchilla on the Bay Pty Ltd is to pay Independent Reserve Pty Ltd's costs of the appeal on the ordinary basis, as agreed or assessed. Catchwords: COSTS – where proceedings withdrawn having been rendered futile by external clause – cl 38A – indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Fair Trading Amendment (Monetary Limit on Orders) Regulation (NSW) Strata Schemes Management Act 2015 Cases Cited: Alan v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Azzi v Phan [2017] NSWCATAP 215 Channell v Graham [2017] NSWCATAP 129 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 at 233 Gaskell and Bourke v Northshore Homes Pty Ltd [2021] NSWCATCD 33 Latoudis v Casey [1990] HCA 59 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 One.Tel Limited v Commissioner of Taxation (2001) 101 FCR 548 Oshlack v Richmond River Council [1998] HCA 11 Re The Minister for Immigration and Ethnic Affairs (Cth); ex parte Lai Qin (1997) 186 CLR 622 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Texts Cited: None Category: Costs Parties: Chinchilla on the Bay Pty Ltd (Appellant) Independent Reserve Pty Ltd (Respondent) Representation: Counsel: M Klooster (Applicant) S Constable (Respondent)