Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Hearing dates: 26 February 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Appeal Panel Before: Marks ADCJ, Principal Member S Thode, Senior Member Decision: The respondent is to pay the costs of the appellants in the proceedings before the Senior Member and the costs of the appellants in the appeal proceedings before us in an amount to be assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act, 2014) in default of agreement Catchwords: COSTS – Rule 38 applied to proceedings at first instance - special circumstances justified costs order in appeal Legislation Cited: Civil and Administrative Tribunal Rules 2013 r 38 Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd [2015] NSWCATAP 228 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Alexander James Pty Ltd (1st Appellant) Christopher Dedman (2nd Appellant) Christopher Hancock (3rd Appellant) Anthony Maxworthy (4th Appellant) Pozetu Pty Ltd (Respondent) Representation: Counsel: P. R. James (solicitor) (1st, 3rd and 4th Appellants) N. Allan (of counsel) (2nd Appellant) C Lo (solicitor) (Respondent)

Solicitors: James Legal (1st, 3rd and 4th Appellants) Ziman and ZIman (2nd Appellant) Surry Partners (Respondent) File Number(s): AP 15/31810 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCAT 183 Date of Decision: 30 September, 2014 Before: D Bluth, Senior Member File Number(s): COM 14/45920 and COM 14/45929