Simmonds v Rust; Rust v Simmonds [2018] NSWCATCD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simmonds v Rust; Rust v Simmonds [2018] NSWCATCD 75 Hearing dates: 17 and 18 September 2018 Date of orders: 29 November 2018 Decision date: 29 November 2018 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. In HB 17/29871 Christopher John Rust must pay Benjamin Frank Hind Simmonds and Jessica Marion Simmonds the sum of $161,437.02.

2. In HB 18/15368 Benjamin Frank Hind Simmonds and Jessica Marion Simmonds must pay Christopher John Rust the sum of $37,663.03.

3. Any costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of this order either attaching or referring to the documents relied upon in support of the application.

4. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon.

5. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

6.The parties must state in their submissions whether they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing.