Edwards v CohenHandler Pty Ltd [2017] NSWCATAP 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edwards v CohenHandler Pty Ltd [2017] NSWCATAP 53 Hearing dates: On the papers Decision date: 09 March 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals A Boxall, Senior Member Decision: 1. Appeal dismissed. 2. Appellants' application for costs dismissed. 3. Respondent's application for costs: see directions at para [50] of these reasons. Catchwords: COSTS – Costs order at first instance - Appeal – Adequacy of Reasons - Whether error in the exercise of discretion. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Property, Stock and Business Agents Act 2002 Cases Cited: House v R (1936) 55 CLR 499 Mifsud v Campbell (1991) 21 NSWLR 725 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Absolon v NSW TAFE [1999] NSWCA 311. Category: Principal judgment Parties: Sidney Edwards (First Appellant) Maree Edwards (Second Appellant) CohenHandler Pty Ltd (Respondent) Representation: Counsel: S Reuben (Appellants)

Solicitors: P Dobrich & Co, Lawyers (Appellants) Lazarus Legal (Respondents) File Number(s): AP 16/46495 Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 21 September 2016 Before: F Holles, General Member File Number(s): COM 15/60492