eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Hearing dates: 24 March 2015 Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member P H Molony, Senior Member Decision: (1)In so far as it is required, leave to appeal granted. (2)The appeal from the order that the appellant pay the respondent's costs of the proceedings below on the indemnity basis is allowed and that order is set aside. (3)The appeal is otherwise dismissed (4)There is no order as to costs of the proceedings or the appeal Catchwords: CONTRACT: formation; breach, damages. COSTS: indemnity costs, whether conduct of hearing by one party warranted award. Costs compensatory not punitive. Scope of costs recoverable by litigant in person. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ashton v Pratt [2015] NSWCA 12 at [49] Cachia v Hanes (1994) 179 CLR 403 at 405 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 at [23]-[31] Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 at [25] Gallagher International Ltd v Tlais Enterprises Ltd [2008] EWHC 2046 at [27] Gurnett v Macquarie Stevedoring Co Pty Ltd (1956) 95 CLR 99 at 113 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v The King (1936) 55 CLR 499 Latoudis v Casey (1990) 170 CLR 534 at 543 Oshlack v Richmond River City Council (1998) 193 CLR 72 Pillay v Ku-ring-Gai Council [2015] NSWCATAP 83 at 36-41 Robinson v Harman (1848) 1 Ex 850; 154 ER 363 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 at 542 Williams v Spautz (1992) 174 CLR 509 Texts Cited: Dal Pont The Law of Costs, 3rd Category: Principal judgment Parties: eMove Pty Ltd- Appellant Naomi Dickinson - Respondent Representation: Counsel: n/a