Frouta Pty Ltd v Chehade [2015] NSWCATCD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frouta Pty Ltd v Chehade [2015] NSWCATCD 95 Hearing dates: 9 June 2015, on the papers Decision date: 01 September 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. The applicant shall pay the costs of the respondents' incidental to the proceedings 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: Costs, whether there are special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013, Rule 38(3) of the Civil and Administrative Tribunal Rules 2014 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Cripps v G & M Dawson [2006] NSWCA 81 Gaynor v Burns [2015] NSWCATA P150 Category: Costs Parties: Frouta Pty Ltd (applicant) Bassam Chehade and Hussam Chehade (respondents) Representation: Solicitors: M Pelosi (applicant) One Group Legal (respondents) File Number(s): COM 15/13559 and COM/13563 Publication restriction: Nil

reasons for decision 1. In this matter, Frouta Pty Limited (the applicant) filed two applications - one application for an urgent interim order and a second application for an original decision. Both applications have been dismissed. 2. Bassam Chehade and Hussam Chehade (the respondents) contend that the applicant should pay the respondents' costs in respect of the two applications.