Lin v Chief Commissioner of State Revenue [2018] NSWCATAD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lin v Chief Commissioner of State Revenue [2018] NSWCATAD 98 Hearing dates: On the Papers Date of orders: 14 May 2018 Decision date: 14 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: NS Isenberg RFD, Senior Member Decision: The Applicants shall pay the Respondent's costs of the proceedings from 22 February 2017 to 13 December 2017 inclusive as agreed or failing agreement as assessed. Catchwords: COSTS – whether there were special circumstances and if so did they warrant an order for costs – indemnity costs – s 60 Civil and Administrative Tribunal Act 2013 Legislation Cited: Administrative Decisions Tribunal Act 1997 (repealed) Civil and Administrative Tribunal Act 2013 Cases Cited: A J Holdings (NSW) Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 143 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 BHR and BHS v Biripi Aboriginal Children's Services (No 2) [2015] NSWCATAD 109 Calderbank v Calderbank [1975] 3 All ER 333 Ceepee Pty Ltd v Roads and Maritime Services [2015] NSWCATAD 130 Citadin Pty Ltd (No. 2) -v- Eddie Azzi Australia Pty Ltd & General Pants Co Pty Ltd (RLD) [2001] NSWADTAP 31 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 CRIPPS and Another v G & M DAWSON Pty Ltd and Another; G & M DAWSON Pty Ltd and Another v CRIPPS and Another [2006] NSWCA 81 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Messiter v Hutchison (1987) 10 NSWLR 525 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Peng v Chief Commissioner of State Revenue [2009] NSWADT 295 Redmadi Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAD 231 Residents against Improper Development Incorporated and Another v Chase Property Investments Pty Ltd (2006) 149 LGERA Texts Cited: Administrative and Equal Opportunity Division Costs Guidelines – August 2017 Paper delivered by the Hon Justice M J Beazley AO on 14-15 March 2008 to Australian Lawyers Alliance Category: Costs Parties: Mingchi Lin and Yihong Huang (Applicants) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: E White (Applicants) AH Rider (Respondent)