Military Tours Australia Pty Ltd v Samuels [2015] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Military Tours Australia Pty Ltd v Samuels [2015] NSWCATAP 229 Hearing dates: Decided on the papers Date of orders: 22 October 2015 Decision date: 22 October 2015 Jurisdiction: Appeal Panel Before: Mr R C Titterton, Senior Member Decision: The application is dismissed Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – costs of appeal – where appeal withdrawn on legal advice - special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148 Gizah Pty Limited v AXA Trustees Limited (No. 2) [2001] NSWADT 164 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Military Tours Australia Pty Ltd (Appellant) Anthony Samuels and Jan Samuels (Respondents) Representation: Decided on the papers File Number(s): AP 15/39049 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 18 May 2015 Before: Mr S Hennings, General Member File Number(s): GEN 15/14732

REASONS FOR DECISION 1. In this matter the respondents Mr and Mrs Samuels seeks an order that the appellant Military Tours Australia Pty Ltd (Military Tours) pay their costs of the appeal.