Gartrell v Roth [2016] NSWCATAP 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gartrell v Roth [2016] NSWCATAP 26 Hearing dates: On the papers Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President R Titterton, Senior Member Decision: The first and second appellants are to pay the respondents' costs of and incidental to the appeal hearing of 17 April 2015. The third appellant is to pay the respondents' costs of and incidental to the appeal hearing of 13 May 2015. There should be no order as to the costs of the appeal hearing of 23 June 2015. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – costs – costs on appeal – special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 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 Gartrell v Roth [2015] NSWCATAP 182 Gaynor v Burns [2015] NSWCATAP 150 Gizah Pty Limited v AXA Trustees Limited (No. 2) Pillay v Ku-ring-Gai Council Category: Principal judgment Parties: Andrew Gartrell (First Appellant) Brent Bannister (Second Appellant) Pipeclay Creek Holdings Pty Ltd (Third Appellant) Guy Roth and Ingrid Roth (Respondents) Representation: Mr Smith (First, Second and Third Appellants) Mr Washington, counsel, (Respondents) Mr Bray, Solicitor (Respondents) File Number(s): AP 15/01097 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCATCCD 235 Date of Decision: 5 December 2014 Before: S Westgarth, Deputy President File Number(s): COM 14/21687