The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2016] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2016] NSWCATAP 63 Hearing dates: 29 February 2016 Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member J Redfern, Principal Member Decision: Each party to the appeal to pay its own costs Catchwords: COSTS – appeal and remitted hearing – jurisdiction to award costs where proceedings dismissed for lack of jurisdiction – principles to be applied – overlap between costs incurred in appeal and remitted hearing – proportionate reduction in costs on remitted proceedings – no special circumstances in the appeal proceedings Legislation Cited: Federal Court of Australia Act 1976 (Cth), s 43(1) Judiciary Act 1903 (Cth), s 26 Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Byron Shire Council v Vigden CJ & Anor [1999] NSWLEC 285 Diamond Certification Laboratories Pty Ltd v The Trust Company Ltd [2015] NSWCATCD 122 Doula Spirit Pty Ltd v Andrew Argyrou [2014] NSWCATAD Nguyen v Perpetual Trustee Company Ltd Oshlack v Richmond River Council (1998) 193 CLR 72 Perpetual Trustee Company Ltd v Nguyen [2015] NSWCATAP 264 Plumb v Comcare (1992) 39 FCR 236 Smith v Giro Construction Pty Ltd [2015] NSWCATAP 214 The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2015] NSWCATAP 257 Texts Cited: Not applicable Category: Costs Parties: The Trust Company Ltd (Appellant)