Ingate v Andrews [2018] NSWCATAP 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ingate v Andrews [2018] NSWCATAP 170 Hearing dates: On the papers after 22 June 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President D Goldstein, Senior Member Decision: (1) The Respondent's application for costs is refused. Catchwords: COSTS – costs of internal appeal in proceedings in the Consumer and Commercial Division of NCAT – whether the amount claimed or in dispute is more than $30,000 – whether there are special circumstances warranting an award of costs Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), s60 Civil and Administrative Tribunal Rules 2014, r 38, r 38A Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Ingate v Andrews [2018] NSWCATAP 99 Category: Costs Parties: Stephen Ingate (First Appellant) Gabrielle Ingate (Second Appellant) Dixon John Andrews (Respondent) Representation: Counsel: R Freeman (Respondent)

Solicitors: Christopher C Freeman & Co (Respondent) File Number(s): AP 17/42418 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2017] NSWCATCD Date of Decision: 1 September 2017 Before: P Briggs File Number(s): HB 15/67471, HB 16/38768, HB 16/30612, HB 16/31085