Sun v Li (No 2) [2016] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sun v Li (No 2) [2016] NSWCATAP 205 Hearing dates: 28 June 2016 Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member J Currie, Senior Member Decision: (1) Application for costs of the appeal dismissed. (2) Each party to pay their own costs of the appeals. Catchwords: COSTS: Costs of an appeal; Rules 38 and 38A Civil and Administrative Rules 2014; No special circumstances required; costs in discretion of Tribunal. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Sun v Li; Li v Sun [2016] NSWCATAP 112 Bonita v Shen [2016] NSWCATAP Category: Costs Parties: Jing Sun (Appellant) Jun Li (Respondent) Representation: Counsel: n/a

Solicitors: n/a File Number(s): AP 16/00765 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCATCD Date of Decision: 10 December 2015 Before: Mr G Meadows, Senior Member File Number(s): HB 14/59080 HB 15/05365

REASONS FOR DECISION

Nature of this claim for costs and the Appeal Panel's consideration of it 1. This is a claim for costs made by Mr Jing Sun, the partially successful appellant in proceedings heard by the presently constituted Appeal Panel on 20 April 2016. For convenience of reference we will refer to Mr Sun as "the Appellant" or "the Appellant/Owner". The claim relates to the Appellant's costs of the appeal. 2. Having determined the appeal and made substantive orders on 23 May 2016, the Appeal Panel ordered that if any party wished to make submissions as to the costs of the appeal they were to file and serve written submissions of no longer than 2 pages no later than 14 days after the notification of those orders. The Appellant lodged submissions in accordance with those orders. No submissions in relation to costs were received from the Respondent to the appeal Mr Jun Li, who, for convenience we will refer to as "the Respondent" or "the Respondent/builder". 3. We consider that there is no necessity for a further hearing of the matter to determine costs and, in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 we direct that the Appellant's claim for costs be considered "on the papers"; that is, without a formal hearing.