Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Hearing dates: 19 June 2015 Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member R Titterton, Senior Member Decision: Leave to appeal is refused. The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW — appeal from Consumer and Commercial Division of NCAT ––— whether leave to appeal should be granted –– whether decision under appeal was not fair and equitable

COSTS — whether failure of applicants to appear constitutes "special circumstances" — whether the failure of a party to accept an offer constitutes "special circumstances" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Calderbank v Calderbank [1975] 3 ALL ER 333 Texts Cited: Not applicable Category: Principal judgment Parties: Brunsprop Pty Ltd (Appellant) Joanne Hay & Wes Davies (Respondent) Representation: D Fleming, counsel (Appellant) W Davies (Respondents) File Number(s): AP 15/14242 Publication restriction: None Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 12 June 2015 Before: General Member R Harris File Number(s): RT 15/12640