Ung v Golden Century Property Investments Pty Ltd [2018] NSWCATCD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ung v Golden Century Property Investments Pty Ltd [2018] NSWCATCD 56 Hearing dates: On the papers Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), in respect of the application by the respondent, Golden Century Property Investments Pty Ltd, for its costs of the proceedings constituted by File Nos. COM 18/34598 and COM 18/34601, the Tribunal dispenses with a hearing requiring the parties to be present and proceeds to determine the costs application on the basis of the papers lodged with the Tribunal by the parties in accordance with the Tribunal's orders made on 28 August 2018 and 20 September 2018.

(2) No order as to costs, with the intent that each party is to bear their own costs of both proceedings. Catchwords: COSTS – no special circumstances – no discretionary reason to award costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Cripps v G & M Mawson [2006] NSWCA 84 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Citadin Pty Ltd (No. 2) v Eddie Azzi Australia Pty Ltd & General Pants Co Pty Ltd [2001] NSWADTAP 31 Ruddock v Vardalis (No 2) (2001)115 FCR 229 Williams v Lewer [1974] 2 NSWLR 91 Obeita v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No. 2) [2016] NSWCATAP 224 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Texts Cited: None Category: Costs Parties: Chung Hoa Ung (applicant) Golden Century Property Investments Pty Ltd (respondent) Representation: Counsel: J Knackstredt (respondent/costs applicant)