Mendonca v Tonna [2017] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mendonca v Tonna [2017] NSWCATCD 36 Hearing dates: 16 February 2017 Decision date: 05 May 2017 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: 1. In relation to matters RT 16/19949 and RT 16/28340: a. Mr Tonna's costs of his representation both by solicitor and by counsel on 19 August 2016 are to be paid by Dr Mendonca on the ordinary basis, as agreed or assessed, within 14 days of such agreement or assessment. b. Mr Tonna's costs incurred in matters RT 16/19949 and RT 16/28340 between 2 November 2016 and 16 February 2017 are to be paid by Dr Mendonca on an indemnity basis, as agreed or assessed, within 14 days of such agreement or assessment. 2. In relation to matter RT 16/49008: a. Dr Mendonca is to pay the costs of Mr Tonna incurred in matter RT 16/49008 between 8 November 2016 and up to and including 16 February 2017 on an indemnity basis, as agreed assessed, within 14 days of such agreement or assessment. 3. In relation to the costs applications made in respect of matters RT 16/19949, RT 16/28340 and RT 16/49008: a. Dr Mendonca is to pay the costs of Mr Tonna incurred in those applications on an indemnity basis, as agreed or assessed, within 14 days of such agreement or assessment. Catchwords: Costs, withdrawal of proceedings by applicant, whether Tribunal has jurisdiction to make costs orders following dismissal of proceedings after withdrawal, special circumstances to award costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Residential Tenancies Regulations 2010 Cases Cited: Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Edwards v CohenHandler Pty Ltd [2017] NSWCATAP 53 Gaynor v Burns [2015] NSWCATAP 150 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Staniland v Integrity Homes Pty Ltd [2016] NSWCATCD Category: Costs Parties: Applicant: Renuka Maria Mendonca Respondent: Mark Tonna Representation: Applicant: Mr M Fernandes instructed by TressCox Respondent: Ms J Gatland instructed by Adams & Partners File Number(s): RT 16/19949, RT 16/28340, RT 16/49008 Publication restriction: Nil