Younan v Commissioner for Fair Trading (No 2) [2016] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Younan v Commissioner for Fair Trading (No 2) [2016] NSWCATOD 60 Hearing dates: On the papers Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Occupational Division Before: J Lucy, Senior Member Decision: The respondent is to pay the applicant's costs of these proceedings as agreed or, failing such agreement, as assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: COSTS – Whether special circumstances warrant an award of costs – Whether respondent's claims had any tenable basis in fact or law – Whether respondent repeatedly failed to comply with the duty imposed upon him under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – Whether respondent conducted the proceedings in a way that unnecessarily disadvantaged the applicant – Satisfaction that special circumstances warrant an award of costs. Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Gittany Constructions P/L v Director General, Department of Services Technology and Administration [2010] NSWADT 164 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Metro Windows Pty Ltd & Ors v Commissioner of Fair Trading (No 3) [2013] NSWADT 192 Oshlack v Richmond River City Council [1993] HCA 11; (1998) 193 CLR 72 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Smith v Giro Construction Pty Ltd [2015] NSWCATAP 214 Younan v Commissioner for Fair Trading [2016] NSWCATOD 12 Category: Principal judgment Parties: Wardy Younan (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Sachs Gerace Lawyers (Applicant) NSW Government – Finance, Services and Innovation (Respondent) File Number(s): 1520194