Bonita v Shen [2016] NSWCATAP 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bonita v Shen [2016] NSWCATAP 159 Hearing dates: 16 June 2016 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) Order 1 made 29 October 2015 is varied to read as follows: 1. The first respondent, Sarah Bonita, and the second respondent, Joshua Lie shall pay 60% of the costs of the applicant incidental to the proceedings including the submissions on costs as agreed and, failing agreement within 28 days of the date of this order, as assessed under the applicable legislation.

(2) The appeal is otherwise dismissed; (3) Each party is to pay their own costs of appeal. Catchwords: Rule 38 Costs of proceedings in the Consumer and Commercial Division- Validity of rule 38, no requirement to establish special circumstances, general discretion to award costs, factors to be considered, when evidence of amount of costs required, Assessment of costs- applicable legislation, proceedings commenced prior to 1 July 2015 Discretion to award costs- review on appeal Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Regulation, 2013 Civil and Administrative Tribunal Rules, 2014 Consumer, Trader and Tenancy Tribunal Act, 2001 Consumer, Trader and Tenancy Tribunal Regulation 2009 Environmental Planning and Assessment Act, 1979 (NSW) Home Building Act, 1989 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act, 2014 (NSW) Legal Profession Uniform Law Application Regulation, 2015 Retail Leases Act, 1994 Cases Cited: Bostick Australia Pty Ltd v Liddiard (N0 2) [2009] NSWCA 304 Collins v Urban [2014] NSWCATAP 17 Gaynor v Burns [2015] NSWCATAP 150 Hasan v Pirasta [2015] NSWCATAP 153 House v The King [1936] HCA 40; (1936) 55 CLR 499 Latoudis v Casey (1990) 170 CLR 534 Mattinson v Multiple Incubators Pty Ltd [1977] 1 NSWLR 368 McPherson v Mace [2015] NSWCATAP 203 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council (1998) 193 CLR 72 Shen v Bonita [2015] NSWCATCD 49 Thompson v Chapman [2016] NSCATAP 6 Texts Cited: Oxford English Dictionary Category: Principal judgment Parties: Sarah Bonita (Appellant) Joshua Lie (Appellant) Loretta Suiwen Shen (Respondent) Representation: Counsel: J Young (Appellants) S Galitski (Respondents)