1 Rocky Point Pty Ltd (No 4) v Chief Commissioner for State Revenue (RD) [2011] NSWADTAP 52

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: 1 Rocky Point Pty Ltd (No 4) v Chief Commissioner for State Revenue (RD) [2011] NSWADTAP 52 Hearing dates: 16 February 2011; heard on the papers with submissions closing 16 May 2011 Decision date: 16 November 2011 Jurisdiction: Appeal Panel - Internal Before: J Needham SC, Deputy President M Hole, Judicial Member C Bennett, Non Judicial Member Decision: The costs of the appeal and of the argument as to costs be paid on the ordinary basis by the applicant. Catchwords: Costs - "untenable in fact or law" - whether fair to order costs Legislation Cited: Administrative Decisions Tribunal Act 1977 Land Tax Management Act 1956 Cases Cited: Rocky Point Pty Limited v Chief Commissioner of State Revenue (No. 2) [2010] NSW ADT 138 1 Rocky Point Pty Ltd v. Chief Commissioner of State Revenue (No 3) [2011] NSWADT (unreported) AT v. Commissioner of Police NSW [2010] NSWCA 131 Macary v. Commissioner of Stamp Duties [1980] 1 NSWLR 510 O'Sullivan v. Medical Centre of New South Wales [2010] NSWADTAP 64 Skiwing Pty Ltd v. Trust Company Limited [2010] NSWADTAP 73 Perry Properties Pty Ltd v. Chief Commissioner of State Revenue [2011] NSWADTAP 1 Avitaia v. Chief Commissioner of State Revenue [2008] NSWADTAP 57 Category: Costs Parties: 1 Rocky Point Pty Limited (Appellant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel AH Rider, (Respondent) Robert Richards (Appellant) Crown Solicitor (Respondent) File Number(s): 109043 Decision under appeal Citation: [2010] NSWADT 138 Date of Decision: 2010-06-09 00:00:00 Before: Revenue Division File Number(s): 096091