Polymeris v Coopers Canteen Pty Limited (No 2) [2018] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Polymeris v Coopers Canteen Pty Limited (No 2) [2018] NSWCATAP 175 Hearing dates: On the Papers Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Appeal Panel Before: M Craig QC ADCJ, Principal Member D Goldstein, Senior member Decision: 1. By consent, a hearing on the question of costs is dispensed with and the matter is to be determined on the basis of the parties' written submissions.

2. Harry Polymeris must pay Coopers Canteen Pty Limited's costs of and incidental to these appeal proceedings such costs, if not agreed, to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 Catchwords: Costs – whether the 'amount in dispute' exceeded $30,000.00, existence of 'special circumstances' Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Legal Profession Uniform Law Application Act 2014 Retail Leases Act 1994 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Polymeris v Coopers Canteen Pty Limited [2018] NSWCATAP 6 Category: Costs Parties: Harry Polymeris( Appellant) Coopers Canteen Pty Limited (Respondent) Representation: Counsel: Mr L. Katsinas (Appellant) Mr M. Southwick (Respondent)

Solicitors: Ktenas Solicitors and Barristers (Appellant) Mavrakis & Associates (Respondent) File Number(s): AP 17/00190 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 1 December 2016 Before: D Charles, Senior Member File Number(s): COM 16/51879 and 16/51881