Edwards v CohenHandler Pty Ltd (No. 2) [2017] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edwards v CohenHandler Pty Ltd (No. 2) [2017] NSWCATAP 81 Hearing dates: On the papers Date of orders: 06 April 2017 Decision date: 06 April 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals A Boxall, Senior Member Decision: That the appellants pay the respondents' costs of the appeal, as agreed or assessed. Catchwords: COSTS OF APPEAL – Appeal dismissed – Respondent's costs application – Whether special circumstances demonstrated – Application granted. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Alessa Pty Limited v Total & Universal Pty Limited [2001] NSWADT 150 Charalambous v Yeung (No 2) (RLD) [2014] NSWCATAP 1 Citadin Pty Ltd (No. 2) v Eddie Azzi Australia Pty Ltd & General Pants Co Pty Ltd [2001] NSWADTAP 31 House v R (1936) 55 CLR 499 Category: Costs Parties: Sidney Edwards (First Appellant) Maree Edwards (Second Appellant) CohenHandler Pty Ltd (Respondent) Representation: Counsel: S Reuben (Appellant/Costs Respondent)

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