Edmondson Rural Holdings Pty Ltd v Gordon [2017] NSWCATAP 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edmondson Rural Holdings Pty Ltd v Gordon [2017] NSWCATAP 155 Hearing dates: On the papers Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr J Lucy, Senior Member Decision: (1) The respondents' costs application is dismissed. Catchwords: COSTS – Where appeal withdrawn - Whether special circumstances exist Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Cripps v G & M Mawson [2006] NSWCA 84 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Edmondson Rural Holdings Pty Ltd (Appellant) Gregory Gordon (First Respondent) Susanna Gordon (Second Respondent) Representation: S Edmondson, director (Appellant) Self-represented (Respondents) File Number(s): AP 17/09638 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 January 2017 Before: K Rickards, General Member File Number(s): COM 16/26901

Reasons for Decision 1. The issue in these proceedings is whether special circumstances exist warranting an award of costs in favour of the respondents. The appellant withdrew its appeal after the respondents had travelled from Western New South Wales to attend a call over, staying overnight at a hotel in Sydney before travelling back again. The Gordons sought to recover these and other costs of responding to the appeal. 2. We have found that there are no special circumstances and that each party should pay the party's own costs.