Abdelmessiah v Lifestyle Marketing Pty Limited [2023] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdelmessiah v Lifestyle Marketing Pty Limited [2023] NSWCATAP 226 Hearing dates: On the papers Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Appeal Panel Before: P. Durack SC, Senior Member M Deane, Senior Member Decision: 1. A hearing in respect of the costs' applications concerning costs of the appeal, referred to in Orders 2 and 3 below, is dispensed with. 2.The appellant's application for her costs of the appeal to be paid by the respondents is dismissed. 3.The second respondent's application for its costs of the appeal to be paid by the appellant is dismissed. Catchwords: COSTS – costs of appeal-applications for costs of the appeal misconceived on basis that Rule 38 (2) of the Civil and Administrative Tribunal Rules 2014 (NSW) applied because claim at first instance exceeded $30,000, whereas the true question concerned what was claimed or in dispute on appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Abdelmessiah v Lifestyle Marketing Pty Limited [2023] NSWCATAP 152 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Category: Costs Parties: Eva Abdelmessiah (Appellant) Lifestyle Marketing Pty Limited trading as RE/MAX Lifestyle Marketing (First Respondent) Universal Property Group Pty Ltd trading as The Bathla Group (Second Respondent) Representation: Counsel: JR Young (Appellant)