Cusick Real Estate Pty Ltd t/as L J Hooker Gosford v Kochan [2017] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cusick Real Estate Pty Ltd t/as L J Hooker Gosford v Kochan [2017] NSWCATAP 191 Hearing dates: 7 July 2017 Date of orders: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC, – Senior Member R Perrignon, – Senior Member Decision: 1. In so far as required, leave to appeal refused. 2. Appeal dismissed. 3. The orders made by the Tribunal on 6 April 2017 are confirmed. Catchwords: COSTS: appeal from order for costs at first instance; no appeal from factual or other findings made below; special circumstances. Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Property, Stock, Business and Agents Act (NSW) 2002 Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v R (1936) 55 CLR 499 Norma Hazel Kochan v Cusick Real Estate Pty Ltd t/as L J Hooker Gosford [2016] NSWCAT, 13 January 2017 Texts Cited: N/A Category: Principal judgment Parties: Cusick Real Estate Pty Ltd t/as L J Hooker Gosford – Appellant Norma Hazel Kochan - Respondent Representation: Solicitors: Jemmeson & Fisher (Appellant) CBD Law (Respondent) File Number(s): AP 17/20211 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 06 April 2017 Before: D Moss – Member File Number(s): COM 16/25228