Riman v Smith [2023] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Riman v Smith [2023] NSWCATAP 205 Hearing dates: On the papers Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing of the Respondent's application for costs of the appeal is dispensed with. (2) The Appellant is to pay the Respondent's costs of the appeal. Catchwords: COSTS – Where appeal withdrawn without explanation – orders at first instance by consent – whether capitulation – usual rule as to costs displaced by rr 38 & 38A Civil and Administrative Tribunal Rules 2014 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2022 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Arambewela v Castle Projects Pty Ltd [2018] NSWCATAP 14 Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Kiama Council v Grant [2006] NSWLEC 96 Moseley v AB (No 2) [2017] NSWSC 1812 Re The Minister for Immigration & Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin [1997] HCA 6 Texts Cited: None cited Category: Costs Parties: Wissam Riman (Appellant) Jacqueline Smith (Respondent) Representation: Solicitors: