Hockley-Brown v Metford Road PL t/as Morpeth Gardens Village [No 2] [2023] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hockley-Brown v Metford Road PL t/as Morpeth Gardens Village [No 2] [2023] NSWCATAP 224 Hearing dates: On the papers Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G K Burton SC, Senior Member Decision: (1) Order that a further hearing on costs is dispensed with. (2) Make no order as to the costs of the appeal apart from the order made 24 February 2023 which continues to stand. (3) Note the existing order made 21 February 2023 that each party bears their or its own costs of the primary hearing the subject of appeal stands. Catchwords: APPEAL – COSTS - success on aspects of procedural fairness and on adequacy of reasons in late-amended appeal grounds – remitter to differently-constituted Tribunal – not sufficient to constitute special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: Glenda Hockley-Brown and Dennis Shane Brown (Appellants) Metford Road PL t/as Morpeth Gardens Village (Respondent) Representation: Counsel: L M Johnston (Appellants) T Bland (Respondent)

Solicitors: Jacksons Solicitors (Appellants) Hunter Commercial and Property Lawyers (Respondent) File Number(s): 2023/00010031 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 16 December 2022 Before: M Gracie, Senior Member File Number(s): RC 22/02704 and RC 22/15646