Channell v Graham [2017] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Channell v Graham [2017] NSWCATAP 129 Hearing dates: 7 March 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President I Bailey, Senior Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013; and

(2) The appellant is to pay the respondent's costs of and incidental to the appeal in an amount to be agreed or assessed Catchwords: COSTS – Rules 38 and 38A - Reg 20(4) – withdrawal of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2013 Consumer, Trader and Tenancy Act 2001 Consumer, Trader and Tenancy Regulation 2009 Home Building Act 1989 Cases Cited: Solomons v Valley Motor Auctions Pty Ltd [2017] NSWCATAP 31 Category: Costs Parties: Irene Channell (Appellant) Roberta Graham ( Respondent) Representation: Counsel: L Gor (for costs applicant/respondent) A Bryne (for costs respondent/appellant)

Solicitors: J S Mueller & Co (for costs applicant/respondent) Thirlow Fisher (for costs respondent/appellant) File Number(s): AP 16/47497 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 September 2016 Before: D Goldstein, Senior Member File Number(s): HB 12/53320