Athas v Baxter [2018] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Athas v Baxter [2018] NSWCATAP 62 Hearing dates: Heard on the papers Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Appeal Panel Before: A. Coleman SC, Senior Member D. Goldstein, Senior Member Decision: 1. Pursuant to section 63 of the Civil and Administrative Act 2013 order 3 of the orders made on 10 October 2017 is amended by deleting the words '10 October 2017' and replacing them with '5 October 2017'. 2. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013, a hearing on the question of costs is dispensed with. 3. Each party to these appeal proceedings is to pay their own costs of the appeal. Catchwords: Existence of special cirucmstances to justify a costs order. Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Cases Cited: ACT Builders Pty Ltd v Haridemos (No 2) [2016] NSWCATAP 118 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Category: Costs Parties: Andrianna Athas, appellant Peter William Baxter, respondent Representation: Appellant: Self Represented

Solicitor: M. Smith (Respondent)

File Number(s): AP 17/36841 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NSWCATCD Date of Decision: 10 August 2017 Before: M Eftimiou File Number(s): HB 17/15429