Tak Roofing Pty Ltd v Mickelson [2023] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tak Roofing Pty Ltd v Mickelson [2023] NSWCATAP 208 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 application in respect of costs is dispensed with. (2) The Appellant is to pay the Respondent's costs of the appeal. Catchwords: COSTS – Where appeal withdrawn without explanation – whether capitulation – usual rule as to costs displaced by rr 38 & 38A Civil and Administrative Tribunal Rules 2014 (NSW) – insufficient evidence to consider costs order in a fixed sum Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 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 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) [2022] NSWCATAP 98 Texts Cited: None cited Category: Costs Parties: Tak Roofing Pty Ltd (Appellant) Simon Mickelson (Respondent) Representation: Solicitors: Culleton Lawyers (Appellant) Nuray Associates (Respondent) File Number(s): 2023/00155915 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not cited Date of Decision: 28 April 2023 Before: P Boyce, Senior Member File Number(s): GEN 22/51163