Mitchell Bannink v Nissan Australia Pty.Ltd., Dominelli Group Pty. Ltd. t/as Rockdale Nissan and National Capital Motors (Aust) Pty. Ltd. [2015] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mitchell Bannink v Nissan Australia Pty.Ltd., Dominelli Group Pty. Ltd. t/as Rockdale Nissan and National Capital Motors (Aust) Pty. Ltd. [2015] NSWCATAP 56 Hearing dates: In chambers Date of orders: 23 March 2015 Decision date: 23 March 2015 Jurisdiction: Appeal Panel Before: J Smith, Senior Member and S Thode, Senior Member Decision: The application for costs is dismissed. Each party is to pay their own costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Category: Costs Parties: Appellant – Mitchell Bannink First Respondent - Nissan Australia Pty. Ltd. Second Respondent – Dominelli Group Pty. Ltd. t/as Rockdale Nissan Third Respondent – National Capital Motors (Aust) Pty. Ltd. Representation: Counsel: Ms L Goodsell for the appellant

Solicitors: File Number(s): AP 14/ 46475 Decision under appeal File Number(s): MV 14/6948

REASONS

INTRODUCTION 1. The substantive appeal of matter MV 14/06948 was heard by the Appeal Panel on 30 October 2014 and a decision in that matter was published on 13 November 2014 (AP14/ 46475). At that time, in the event that the parties were unable to agree on the issue of costs, leave was granted for the parties to make written submissions or to seek a hearing on that issue only within 14 days of the decision. 2. Submissions were filed by the appellant and by the first and third respondents on 27 November 2014. No submission was received from the second respondent. Having read the parties' submissions the Appeal Panel granted leave for the parties to file further submissions and the parties' attention was drawn to the decision of the Appeal Panel in Megerditchian v Kurmond Homes Pty. Ltd. [2014]NSWCATAP 120. 3. No further submissions were filed and the matter has been referred to the Appeal Panel for a decision "on the papers". 4. This is the decision on the issue of costs of the appeal only.