BPU v NSW Trustee and Guardian (Costs) [2016] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPU v NSW Trustee and Guardian (Costs) [2016] NSWCATAP 87 Hearing dates: On the papers Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member M Anderson, Senior Member Decision: 1. The appellant shall pay the second respondent's costs of the appeal as agreed or assessed. 2. This Costs Order is to take effect 28 days after the date of this decision. Catchwords: APPEAL – internal appeal – appellant withdrew appeal – second respondent made an application for costs – whether special circumstances warranting an award of costs – appeal withdrawn shortly before the hearing – appeal lacked substance – cost order made Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: BPU v NSW Trustee and Guardian [2015] NSWCATAD 117 Collins v Urban [2014] NSWCATAP 17 K v K [2000] NSWSC 1052 Obieta v Australian College of professionals Pty Ltd [2014] NSWCATAP 38 Category: Costs Parties: BPU appellant NSW Trustee and Guardian first respondent CCL second respondent Representation: Counsel:

C Othen (second respondent)

Solicitors:

Paul Marsh & Associates Solicitors and Notary (appellant) Lighthouse Law Group Solicitors & Conveyancers (second respondent) File Number(s): AP 15 44364 Publication restriction: Pursuant to subs 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) the name of the appellant, the protected person and the second respondent and the name of any other person that might identify the appellant, the protected person and the respondent is not to be published or broadcasted with the leave of the Tribunal. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 117 Date of Decision: 11 June 2015 Before: M Hitter, Senior Member File Number(s): 1410693