Jubian v Clark (No 2); Clark v Jubian (No 2) [2016] NSWCATAP 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jubian v Clark (No 2); Clark v Jubian (No 2) [2016] NSWCATAP 153 Hearing dates: On the papers Date of orders: 20 July 2016 Decision date: 20 July 2016 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member S Thode, Senior Member Decision: 1. The application of Mr Clark and Ms Loneragan that Mr Jubian pay their costs in AP 15/05271 is dismissed.

2. The application of Mr Clark and Ms Loneragan that Mr Jubian pay their costs in AP 15/34863 is dismissed.

3. The application of Mr Jubian that Mr Clark and Ms Loneragan pay his costs in AP 15/34863 is dismissed. Catchwords: Costs - special circumstances within the meaning of section 60 of the Civil and Administrative Tribunal Act 2013. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Calderbank v Calderbank [1976] Fam 93 Citadin Pty Ltd (No 2) v Eddie Azzi Australia Pty Ltd & General Pants Co Pty [2001] NSWADTAP 31 Cripps v G & M Mawson [2006] NSWCA 84 De Costi Seafoods (Franchisees) Pty Ltd v Broadway Shopping Centre Sydney Pty Ltd [2011] NSWADT 40 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Torchia v Swanton (RLD) [2012] NSWADTAP 5 Category: Costs Parties: Tony Jubian (appellant in AP 15/05271) Scott Clark and Celia Loneragan (respondents in AP 15/05271) Scott Clark and Celia Loneragan (appellants in AP 15/34863) Tony Jubian (respondent in AP 15/34863) Representation: Solicitors: Brennan Collin Biggers & Paisley Lawyers for Jubian Maccallum Lawyers for Clark and Loneragan File Number(s): AP 15/05271 and AP 15/34863 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 September 2014 30 January 2015 Before: C Paul, Senior Member File Number(s): HB 13/15919