Subway Vault (NSW) Pty Ltd v Gogo MD Pty Ltd (No 2) [2023] NSWCATCD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Subway Vault (NSW) Pty Ltd v Gogo MD Pty Ltd (No 2) [2023] NSWCATCD 105 Hearing dates: On the papers Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The applicant (Subway Vault (NSW) Pty Ltd) is to pay the costs of the respondent (Gogo MD Pty Ltd) of the Tribunal proceedings as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). Catchwords: COSTS---r 38 Civil and Administrative Rules 2014 (NSW)---Dismissal for want of jurisdiction---Principle that costs follow event---No basis to depart from usual principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Retail Leases Act 1994 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allsop Investments Pty Ltd v Jerkovic [2020] NSWSC 113 BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Oshlack v Richmond River Council [1999] HCA 11; (1993) 193 CLR 72 Promina Design & Construction Pty Ltd v The Owners-Strata Plan No 97449 [2023] NSWCATAP 252 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 The Owners-Strata Plan No 14172 v Cai [2020] NSWCATAP 10 Texts Cited: None cited Category: Costs Parties: Subway Vault (NSW) Pty Ltd (Applicant) Gogo MD Pty Ltd (Respondent) Representation: Counsel: M. Bennett (Applicant)