B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 63 Hearing dates: Not applicable Date of orders: 14 March 2018 Decision date: 14 March 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Hamilton SC, Senior Member Decision: 1. A hearing concerning whether a costs order should be made is dispensed with; and

2. The appellant, B & M Mitchell Pty Ltd is to pay the respondent's costs of the appeal to the respondents, Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes on a party/party basis as agreed or assessed. Catchwords: Costs – Rules 38A and 38 of the Civil and Administrative Tribunal Rules 2014 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Latoudis v Casey (1990) 170 CLR 534 Owners Corporation SP 79417 v Trajcevski (No.2) [2017] NSWCATAP 173 Category: Costs Parties: B & M Mitchell Pty Ltd (Appellant) Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes (Respondents) Representation: Counsel: J Nathan(Appellant) J Young (Respondents)

Solicitors: Campbell Paton & Taylor Legal (Appellant) Blackwell Short (Respondents) File Number(s): AP 17/42412 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 1 September 2017 Before: K Rickards, General Member File Number(s): HB 16/32023