Yarraford Pastoral Company Pty Ltd v Wise [2016] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yarraford Pastoral Company Pty Ltd v Wise [2016] NSWCATAP 97 Hearing dates: 12 March 2016 (on papers after that date) Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President T Simon, Senior Member Decision: The appellant's application for costs is refused. The respondent's application for costs of the appellant's costs application is refused. Catchwords: COSTS – general rule is each party is to pay their own costs – whether special circumstances warranting an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)(NCAT Act), s 60 Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Gaynor v Burns [2015] NSWCATAP 150 Yarraford Pastoral Company Pty Ltd v Wise [2015] NSWCATAP 201 Category: Costs Parties: Yarraford Pastoral Company Pty Ltd (Appellant) Ian Wise (Respondent) Representation: Counsel: T Flaherty (Appellant) D Smallbone (Respondent) Solicitors: Lay Associates & Legal (Appellant) WA Baxter & Co Pty Ltd (Respondent) File Number(s): AP 15/29362 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCATCD 41 Date of Decision: 27 March 2015 Before: J Smith, Senior Member File Number(s): GEN 14/20031