Rose Nettis Pty Ltd (Appellant); Three Tall Trees Pty Ltd (Respondent) [2015] NSWCATAP 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rose Nettis Pty Ltd (Appellant); Three Tall Trees Pty Ltd (Respondent) [2015] NSWCATAP 51 Hearing dates: Determined on the papers Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member R C Titterton, Senior Member Decision: In proceedings AP 14/56780 the appellant is to pay the respondent's costs as agreed or as assessed In proceedings COM 14/59565 the applicant is to pay the respondent's costs as agreed or as assessed Catchwords: Appeal - Civil and Administrative Tribunal – Costs – special circumstances Legislation Cited: Civil and Administrative Tribunal Act, s60 Cases Cited: CPD Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21. Category: Costs Parties: Rose Nettis Pty Ltd (Appellant) Three Tall Trees Pty Ltd (Respondent) File Number(s): AP 14/56780 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Comercial Division Date of Decision: 23 December 2014 Before: M Harrowell, Principal member File Number(s): COM 14/53477

REASONS FOR DECISION

Introduction 1. This is the respondent's application for costs in these proceedings and proceedings COM 14/59565 (the interim proceedings). For the reasons that follow we consider that the appellant should pay the respondent's costs of both proceedings, as agreed or assessed. 2. The proceedings involve a lease entered into on 24 June 2013 by the appellant Rose Nettis Pty Ltd as lessee and the respondent Three Tall Trees Pty Ltd as lessor. Some of the proceedings referred to below were commenced by the director of the appellant, Ms Rose in her own name. By consent orders of the Appeal Panel in proceedings COM 15/53477 on 23 December 2014 (see para [19] of the reasons for decision) the appellant, Rose Nettis Pty Ltd was substituted as applicant in the various proceedings commenced by Ms Rose.