EEC v Federation Council [2023] NSWCATAP 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEC v Federation Council [2023] NSWCATAP 186 Hearing dates: On the papers Date of orders: 11 July 2023 Decision date: 11 July 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member C Mulvey, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Appeal Panel dispenses with a hearing of the Respondent's costs application. (2) The Appellant is ordered to pay the Respondent's costs of and incidental to the hearing of the appeal on 8 July 2022 as agreed or assessed on a party and party basis. Catchwords: APPEAL- COSTS- whether appellant should be ordered to pay respondent's costs of hearing date where appellant abandoned original grounds of appeal at hearing of appeal- whether appellant's abandoned grounds of appeal lacked tenable basis in fact or law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Dennis Family Corporation Pty Ltd v Casey CC (Red Dot) [2008] VCAT 691 DYH v Public Guardian (no 3) [2022] NSWCATAP 34 FFP v Cumberland City Council [2022] NSWCATAD 136 Fitzpatrick Investments Pty Limited ATF The number One Trust v Chief Commissioner of State Revenue [2022] NSWCATAD 159 The Owners - Strata Plan no. 97383 v CLSM Pty Ltd [2022] NSWCATCD 59 Category: Principal judgment Parties: EEC (Appellant) Federation Council (Respondent) Representation: Solicitors: Skinner & Associates (Appellant) Keith Redenbach Legal Pty Ltd (Respondent) File Number(s): 2022/00098734 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication of the identity of the persons whose identity has been removed in this decision is prohibited Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: n/a Date of Decision: 9 March 2023 Before: A Starke, Senior Member File Number(s): 2020/00015190