Cornish v Penrith City Council (No 2) [2024] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cornish v Penrith City Council (No 2) [2024] NSWCATAP 146 Hearing dates: On the papers Date of orders: 29 July 2024 Decision date: 29 July 2024 Jurisdiction: Appeal Panel Before: T Simon, Principal Member Dr R Dubler SC, 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 appellant is to pay the respondent an amount of $2,991.45 on or before 27 August 2024. Catchwords: COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014--- where party given leave to be legally represented on the condition that it may not recover legal costs--- special circumstances LOCAL GOVERNMENT – Councillors Legislation Cited: Civil and Administrative Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW Cases Cited: Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Cornish v Penrith City Council [2024] NSWCATAP 107 Huang v Drumm [2017] NSWSC 1006 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Starr-Diamond v Diamond (No 4) [2013] NSWSC 811 Texts Cited: Nil Category: Costs Parties: Marcus Cornish (Appellant) Penrith City Council (Respondent) Representation: Counsel: P King (Appellant) P Boncardo (Respondent)

Solicitors: Robert Balzola and Associates (Appellant) Blacktown City Council, Legal (Respondent) File Number(s): 2023/00433870 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Date of Decision: 13 November 2023 Before: K Ransome, Principal Member File Number(s): 2023/00221915