Martins-Lopes v Keller [2024] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martins-Lopes v Keller [2024] NSWCATAP 215 Hearing dates: On the papers Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Appeal Panel Before: S de Jersey, Principal Member D Ziegler, Senior Member Decision: (1) A hearing is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) Time for the appellants to file and serve costs submissions in reply is extended to 18 October 2024. (3) The parties' respective applications for their costs of the appeal are dismissed. (4) Each party is to pay their own costs of the appeal. Catchwords: COSTS – rules 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) – whether there are special circumstances warranting an award of costs – special circumstances not established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Martins-Lopes v Keller [2024] NSWCATAP 167 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: None Category: Costs Parties: Geraldine Martins-Lopes (First Appellant) Scott Goodwill (Second Appellant) Christopher Keller (Respondent) Representation: Appellants (Self-represented) W Campion (agent) (Respondent) File Number(s): 2024/00191827 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 01 May 2024 Before: Dr S Smith, General Member File Number(s): 2024/00048278