Castagnone v Pro-Street Restorations Pty Ltd [2023] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Castagnone v Pro-Street Restorations Pty Ltd [2023] NSWCATAP 215 Hearing dates: On the papers Date of orders: 04 August 2023 Decision date: 04 August 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing of the application for costs is dispensed with. (2) The appellant is to pay the respondent's costs of the appeal on the ordinary basis, as agreed or as assessed. Catchwords: COSTS – Where appeal withdrawn – Unsatisfactory explanation for aspects of conduct of appeal proceedings – Special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50(2), 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Moseley v AB (No 2) [2017] NSWSC 1812 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: None cited Category: Costs Parties: Jason Castagnone (Appellant) Pro-Street Restorations Pty Ltd (Respondent) Representation: Solicitors: McDonald Johnson (Appellant) MRM Lawyers (Respondent) File Number(s): 2023/00196937 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not cited Date of Decision: 22 May 2023 Before: G Ellis SC, Senior Member File Number(s): MV 22/27035