B & L Linings Pty Ltd v Chief Commissioner of State Revenue (No 6) (RD) [2012] NSWADTAP 26

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: B & L Linings Pty Ltd v Chief Commissioner of State Revenue (No 6) (RD) [2012] NSWADTAP 26 Hearing dates: 15 May 2012 Decision date: 17 July 2012 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President M Hole, Judicial Member C Bennett, Non-judicial Member Decision: 1. Within the amount of costs ordered to be paid in the Appeal Panel's decision of 6 April 2010, the amount to be included by virtue of paragraph (a) of Order 3 is to be assessed under Division 11 of Part 3.2 of the Legal Profession Act 2004 by a costs assessor appointed under that Division. 2. (a) Within 21 days of the date of this decision, the Respondent is to file and serve its submissions on the costs incurred by it since the Appeal Panel's decision of 6 April 2010. (b) Within a further 21 days, the Appellants are to file and serve their submissions on this question. (c) If the Appellants' submissions incorporate any application for costs to be awarded in their favour, the Respondent will have a further 21 days within which to file and serve submissions in reply. (d) The matter will then be determined 'on the papers' under section 76 of the Administrative Decisions Tribunal Act 1997. (e) There will be general liberty to apply. Catchwords: Costs - accounting firm engaged by successful party to conduct proceedings - appearances by firm's employee possessing legal qualifications - costs order - basis of assessment of costs - procedure for assessment Legislation Cited: Administrative Decisions Tribunal Act 1997 Interpretation Act 1987 Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Amendment Act 2005 Retail Leases Act 1994 Victorian Civil and Administrative Tribunal Act 1998 (Vic) Cases Cited: Alan Edward Lewis v Paul Adrian Doran [2008] NSWSC 186 B & L Linings Pty Ltd and L & B Linings Pty Ltd v Chief Commissioner of State Revenue [2005] NSWADT 129 B & L Linings Pty Ltd & Anor v Chief Commissioner of State Revenue (No 3) (RD) [2007] NSWADTAP 32 B & L Linings Pty Ltd & anor v Chief Commissioner of State Revenue (No 4) (RD) [2008] NSWADTAP 14 B & L Linings Pty Ltd & Anor v Chief Commissioner of State Revenue [2008] NSWCA 208 B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2009] NSWCA 55 B & L Linings Pty Ltd v Chief Commissioner of State Revenue (No 5) (RD) [2010] NSWADTAP 21 Commonwealth Bank of Australia v Hattersley (2001) 51 NSWLR 333; [2001] NSWSC 60 Law Society of New South Wales v Stephen Gary Spring and Another [2007] NSWSC 1273 Legal Services Commissioner v Galitsky (No 2) [2008] NSWADT 153 Portale v Law Society of New South Wales (No 1) (2010) 10 DCLR (NSW) 194; [2010] NSWDC 59 Category: Costs Parties: B & L Linings Pty Ltd (First Appellant) L & B Linings Pty Ltd (Second Appellant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel T Thawley (Appellants) I Latham (Respondent) Kemp Strang Lawyers (Appellants) Crown Solicitor (Respondent) File Number(s): 059044 Decision under appeal Citation: B & L Linings Pty Ltd and L & B Linings Pty Ltd v Chief Commissioner of State Revenue [2005] NSWADT 129 Date of Decision: 2005-06-10 00:00:00 Before: Revenue Division File Number(s): 046025