Veroc Pty Ltd v Evaross Pty Ltd [2017] NSWCATAP 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Veroc Pty Ltd v Evaross Pty Ltd [2017] NSWCATAP 57 Hearing dates: On the Papers Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member S Thode, Senior Member Decision: (1) The Appellant is to pay the Respondent's costs of the appeal as agreed or assessed. Catchwords: APPEAL: COSTS no question of principle. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Rules, 2014 (NSW) Cases Cited: Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45 Category: Costs Parties: Veroc Pty Ltd (Appellant) Evaross Pty Ltd (Respondent) Representation: Counsel: J Young (Appellant) Mr Davie (Respondent)

Solicitors: King Christopher & Associates (Appellant) Peter Merity (Respondent) File Number(s): AP 16/12532 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 November 2015 Before: P Boyce, Senior Member File Number(s): HB 13/62098 & HB 14/36216

REASONS FOR DECISION

Background 1. On 25 August 2016 the Appeal Panel published its reasons for decision in this appeal ([2016] NSWCATAP 189). The appeal was dismissed. The Appeal Panel also made consequential orders in respect to the payment of moneys held by the respondent's solicitors. Directions were also made for any party wishing to make submissions about costs to file and serve submissions within 14 days from the date of the reasons. 2. Each party filed submissions with respect to costs. The respondent filed its submissions on 1 September 2016 and the appellant on 8 September 2016. Regrettably, due to an oversight in the registry, the submissions were not forwarded to the Appeal Panel until February 2017, hence the delay in providing these reasons. On discovering the error, the Appeal Panel requested that the registry write to the parties explaining the situation. That was done. 3. For the reasons below, we have decided that the appellant should pay the respondent's costs of the appeal as agreed or assessed.