Levy v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2024] NSWCATAP 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Levy v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2024] NSWCATAP 155 Hearing dates: 2 May 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President P H Molony, Senior Member Decision: 1. A hearing of the applications for costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. Each party is to pay their own costs of the proceedings at first instance and of the appeal. Catchwords: COSTS – special circumstances – party not entitled to recover costs in respect of own time spent – offer of compromise – refusal to accept not unreasonable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; 269 CLR 333 Cachia v Hanes and Another(1994) 179 CLR 403; [1994] HCA 14 Levy v Mercedes-Benz Australia/Pacific Pty Ltd [2024] NSWCATAP 110 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council (1998) 193 CLR 72 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Craig Levy Respondent: Mercedes-Benz Australia/Pacific Pty Ltd Representation: Appellant (Self-represented) Respondent (Scott Sidley) File Number(s): 2024/00036664 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 04 January 2024 Before: P French, Senior Member File Number(s): 2023/00383392