Gaynor v Burns [2015] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gaynor v Burns [2015] NSWCATAP 150 Hearing dates: By written submissions 3 June 2015; 10 and 11 June 2015 Date of orders: 23 July 2015 Decision date: 23 July 2015 Jurisdiction: Appeal Panel Before: Boland J ADCJ, Deputy President Emeritus Professor M Chesterman, Principal Member L Robberds, QC, Senior Member Decision: 1. The appellant shall pay the costs of and incidental to the appeal including the submissions on costs as agreed and failing agreement within 28 days of the date of this order as assessed under Part 4.3 Div 7 of the Legal Profession Uniform Law Application Act 2014 (NSW). 2. The costs agreed or assessed under Order 1 of these orders shall be payable within 14 days of agreement or assessment. Catchwords: APPEAL – application for costs of appeal allowed by consent. Whether there are "special circumstances" for the purposes of s 60 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). Whether costs order should be made in favour of respondent to the appeal. Whether costs should be payable "forthwith". Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) (repealed) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Suitors Fund Act 1957 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cabal v United Mexican States [2000] FCA 7 CPD Holdings Pty Ltd t/a The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Cripps v G & M Dawson [2006] NSWCA 81 Fiduciary Limited and Anor v Morningstar Research Pty Ltd & Ors [2002] NSWCA 432 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWATAP 120 Category: Costs Parties: Bernard Gaynor (Appellant) Garry Burns (Respondent) Representation: Counsel: P King (Appellant) K Nomchong SC (Respondent) Solicitors: Robert Balzola and Associates (Appellant) K & L Gates (Respondent) File Number(s): AP 15/05125 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 24 Date of Decision: 20 January 2015 Before: Hennessy LCM, Deputy President File Number(s): 1410372