357 Thornleigh Place Pty Limited v Shams (No 2) [2023] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 357 Thornleigh Place Pty Limited v Shams (No 2) [2023] NSWCATAP 229 Hearing dates: On the papers Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member E Bishop SC, Senior Member Decision: 1. A hearing in respect of the applications concerning the costs of the appeal is dispensed with. 2. The respondent is to pay 90% of the appellant's costs of the appeal, as agreed or assessed, on the ordinary basis. Catchwords: COSTS — costs of appeal — no need for special circumstances because amount in issue on appeal well in excess of $30,000 — appellant successful in having orders made at first instance set aside — order for proceedings concerning claim for unconscionable conduct and rental arrears remitted to the Tribunal for redetermination — appellant unsuccessful in limited respects — discount applied to costs awarded to the successful appellant. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: 357 Thornleigh Place Pty Limited v Shams [2023] NSWCATAP 127 Bondi Builders Pty Limited v Dennett [2022] NSWCATAP 317 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Costs Parties: 357 Thornleigh Place Pty Ltd (Appellant) Halimah Shams (Respondent) Representation: Solicitors: Fortis Law (Appellant) Respondent (Self- Represented) File Number(s): 2022/00334747 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD 177 Date of Decision: 12 October 2022 Before: D Bluth, Senior Member File Number(s): COM 21/23200 and COM 21/25982