Hancock & Claringbold v Callala Bayside Realty Pty Ltd t/as Callala First National Real Estate [2016] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hancock & Claringbold v Callala Bayside Realty Pty Ltd t/as Callala First National Real Estate [2016] NSWCATAP 60 Hearing dates: 5 February 2016; last written submissions, 18 February 2016 Date of orders: 08 March 2016 Decision date: 08 March 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member D Robertson, Senior Member Decision: Leave to Appeal refused. Appeal otherwise dismissed. Application for costs made by the Respondent refused, each party to pay their own costs. Catchwords: APPEAL PANEL − Civil and Administrative Tribunal (NSW) – consumer claim – whether breach of managing agent agreement − no errors of law established – leave to appeal refused – appeal dismissed

COSTS − whether special circumstances – offer of compromise made prior to proceedings being commenced – found not to be relevant to costs on the appeal – no special circumstances – application for costs refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Fair Trading Legislation (Repeal and Amendment) Act 2015 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bathurst Regional Council v Thompson (No.2) [2012] NSWCA 420 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Grace v Thomas Street Café (No.2) [2008] NSWCA 72 Integrity Homes Pty Ltd v Staniland [2015] NSWCATAP 284 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48; Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Rose Nettis Pty Ltd v Three Tall Trees Pty Ltd [2015] NSWCATAP 51 Category: Principal judgment Parties: Derek Hancock and Elizabeth Claringbold (Appellants) Callala Bayside Realty Pty Ltd t/as Callala First National Real Estate (Respondent) Representation: Appellants in person Respondent – Ms Howes – Marriot Oliver, Solicitors File Number(s): AP15/58374 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 September 2015 Before: D Charles, Tribunal Member File Number(s): GEN15/38888