Murphy v Trustees of Catholic Aged Care Sydney (No 2) [2019] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murphy v Trustees of Catholic Aged Care Sydney (No 2) [2019] NSWCATAP 1 Hearing dates: On the papers Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Seiden SC, Principal Member Decision: (1) A hearing of the costs application is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW). (2) The application for costs is dismissed. Catchwords: COSTS – s 60 Civil and Administrative Tribunal Act, 2013 – Special circumstances. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth Constitution Disability Discrimination Act 1992 (Cth) Retirement Villages Act 1999 (NSW) Cases Cited: Filippi v Fagimo Pty Ltd [2012] NSWSC 1221 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Trust Company Ltd v Diamond Certification Laboratory of Australia Ltd [2016] NCWCATAP 263 Texts Cited: Nil Category: Costs Parties: John Murphy (Appellant) Trustees of Catholic Aged Care Sydney (Respondent) Representation: Counsel: E Finnane (Appellant) H Grace (Respondent)

Solicitors: Hill & Co Lawyers (Appellant) Makinson d'Apice Lawyers (Respondent) File Number(s): AP17/33024 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2017] NSWCATCD 46 Date of Decision: 16 June 2017 Before: G Sarginson, Senior Member File Number(s): RV 16/42545