Rathchime Pty Ltd v Willatt [2017] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rathchime Pty Ltd v Willatt [2017] NSWCATAP 156 Hearing dates: Heard on the papers Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member D Goldstein, Senior Member Decision: Rathchime Pty Ltd's application for the costs of the Appeal in these proceedings is dismissed. Catchwords: Special circumstances under section 60 of the Civil and Administrative Tribunal Act 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Texts Cited: None cited Category: Costs Parties: Rathchime Pty Ltd (Appellant) Grant Willat (Respondent) Representation: Counsel: J. Hyde (Appellant)

Solicitors: Mills Oakley Lawyers (Appellant) File Number(s): AP 16/42640 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: 2016 NSWCATCC Date of Decision: 09 September 2016 Before: T. Simon, Senior Member File Number(s): HB 14/43750 and HB 15/11593

reasons for decision 1. On 27 April 2017 the decision in these Appeal proceedings was published. The following orders were made: '1. Leave to Appeal in relation to Grounds of Appeal 2 and 3 is refused. 2. The appellant's appeal based on Grounds of Appeal 5 and 6 is allowed. 3. Order 1 of the Tribunal made on 9 September 2016 is set aside and replaced with an order that: Grant Willatt must pay Rathchime Pty Ltd the sum of $90,819.50 immediately. In the event a party wishes to apply for costs, the following orders apply: 4. Any costs application (of no more than 5 pages) must be lodged in the Appeal Division of the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application. 5. The costs respondent will have 21 days after the date it receives the application referred to in the preceding paragraph to lodge in the Appeal Division of the Tribunal and serve on the costs applicant its submissions (of no more than 5 pages) in response to the costs applicant's costs application, such submissions either attaching or referring to any documents relied upon. 6. The costs applicant will have 14 days after the date it receives the costs respondent's submissions to lodge in the Appeal Division of the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to any documents relied upon. 7. Subject to the right of the parties to make submissions under section 50(3) of the Civil and Administrative Tribunal Act 2013, the Appeal Panel will determine any costs application on the basis of the papers lodged in the Appeal Division of the Tribunal' 1. The appellant has filed submissions in support of a costs order in its favour. The respondent has not filed submissions in response to those filed by the appellant. 2. The appellant applies for its costs incurred at first instance and for its costs of the appeal.