Bojkovski v NSW Land and Housing Corporation [2017] NSWCATAP 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bojkovski v NSW Land and Housing Corporation [2017] NSWCATAP 69 Hearing dates: On the papers Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Decision: The Respondent's application for costs is refused. Catchwords: COSTS –Appellant's application for appeal to be reinstated refused – whether Tribunal should order the Appellant to pay the Respondent's costs – special circumstances required - failure to provide material to Respondent as directed – late compliance with the timetable – disadvantage to Respondent - Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 50, s 60 Category: Costs Parties: Borko Bojkovski (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: D Woods (Respondent) Solicitors: FACS Legal (Respondent) File Number(s): AP 16/04443 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 January 2016 Before: F Holles File Number(s): SH 15/55620

REASON FOR DECISION

Overview 1. NSW Land and Housing Corporation has applied for the Appellant, Mr Bojkovski, to pay its costs of the appeal from 12 January 2017, the day it received notice of Mr Bojkovski's application for reinstatement of the appeal. The general rule is that each party pays their own costs unless there are special circumstances which warrant a costs order: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 60. 2. The Appellant did not comply with the timetable for providing evidence and submissions on the reinstatement issue nor did he provide his late submissions to the Respondent. But the delay was minimal and the Respondent was not unduly disadvantaged. The Appellant did not have a lawyer and English is not his first language. For the reasons given below, the circumstances of this case do not warrant a costs order being made against him. 3. I have decided to determine this matter on the papers. I gave the parties an opportunity to make submissions on that point. I am satisfied that the issues for determination can be adequately determined in the absence of the parties: NCAT Act, s 50.