Hendie v Ikona Developments Pty Ltd [2023] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hendie v Ikona Developments Pty Ltd [2023] NSWCATAP 256 Hearing dates: On the papers Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member J S Currie, Senior Member Decision: 1. A hearing of the respondent's application for the costs of the appeal is dispensed with. 2. The appellant is to pay the respondent's costs of the stay application filed on 24 April 2023 as agreed or assessed under the applicable costs legislation. 3. The appellant is to pay the respondent's costs of the adjournment application filed on 28 July 2023 as agreed or assessed under the applicable costs legislation. 4. The application of the respondent that the appellant pay its costs of the appeal is otherwise dismissed. Catchwords: COSTS — Party/Party — Appeals – amount in dispute exceeds $30,000 - general rule that costs follow the event - application of the rule where no hearing on the merits Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 35, 50, 60, Sch 4, cl 8 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Knox v Bollen; Bollen v Knox [2018] NSWCATAP 106 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 ONE.TEL Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245 Vella v Mir (No 3) [2020] NSWCATAP 17 Texts Cited: None cited Category: Costs Parties: George Hendie (Appellant) Ikona Developments Pty Ltd (Respondent) Representation: Solicitors: ZBA Lawyers (Appellant) Johnsons Law Group (Respondent) File Number(s): 2023/00131235 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 March 2023 Before: L Wilson, Senior Member File Number(s): HB 21/00009