Finch v Huang [2023] NSWCATAP 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Finch v Huang [2023] NSWCATAP 182 Hearing dates: On the papers Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Decision: (1) The Appellant is to pay the Respondent's costs of the appeal on the ordinary basis from 28 October 2022 in an amount agreed between the parties or, if not agreed, as assessed. (2) The Appellant is to pay the Respondent the sum of $802.10 within 14 days of the date of these orders. Catchwords: Costs of appeal- late withdrawal and dismissal of appeal-special circumstances-stay granted on conditions- cost of temporary fence. Legislation Cited: Civil & Administrative Tribunal Act, 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: D Constructions Pty Ltd v Walsh (2020) NSWCATAP 91 Mendonca v Tonna [2017] NSWCATAP 176 Rodny v Stricke [2020] NSWCATAP 20 Shoal Bay Development Pty Ltd v Community Association DP 270468 [2020] NSWCATAP 115 Texts Cited: Not applicable Category: Principal judgment Parties: David Keith Finch (Appellant) Qian Huang (Respondent) Representation: Solicitors: P Dabbagh, Pacific Trade Legal (Appellant) Counsel: VN Misra (Respondent) File Number(s): 2022/00312910 Publication restriction: Unrestricted Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Before: G Sarginson (Senior Member) File Number(s): 2021/50041