Taphouse Investments Pty Limited v Independent Liquor & Gaming Authority (No. 2) [2023] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taphouse Investments Pty Limited v Independent Liquor & Gaming Authority (No. 2) [2023] NSWCATAP 246 Hearing dates: On the papers Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Lucy, Senior Member Decision: 1. A hearing of the respondent's application for costs of the appeal is dispensed with. 2. The appellant is to pay the respondent's costs of the appeal from, and including, 9 November 2022, as agreed or assessed, on the ordinary basis. Catchwords: COSTS-appeal from Tribunal decision in administrative review proceedings-appeal dismissed pursuant to s 55 (1) (b) of the Civil and Administrative Tribunal Act 2013 (NSW) because misconceived and lacked substance since appeal was moot-respondent's application for costs of the appeal under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)-whether there were special circumstances warranting an award of costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Liquor Act 2007 (NSW) Cases Cited: Taphouse Investments Pty Ltd v Independent Liquor and Gaming Authority [2023]NSWCATAP 171 Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139 Texts Cited: None cited Category: Costs Parties: Taphouse Investments Pty Limited (Appellant) Independent Liquor & Gaming Authority (Respondent) Representation: Counsel: A Cheshire SC and M Gaven (Respondent)