Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd (No 2) [2019] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd (No 2) [2019] NSWCATAP 82 Hearing dates: On the Papers Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member J McAteer Senior Member Decision: The costs application brought by the appellant is dismissed. Catchwords: COSTS – application for costs by appellant successful on appeal -- principles – "special circumstances" – held resistance of appeal by respondent insufficient to characterise proceedings as involving special circumstances – application for costs dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Category: Costs Parties: Wynne Avenue Property Pty Ltd (Appellant) MJHQ Pty Ltd (Respondent) Representation: Counsel: A Fernon (Appellant)

Solicitors: Holding Redlich (Appellant) S Spring (Agent)(Respondent) File Number(s): AP 18/50087 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 October, 201 Before: G J Sarginson, Senior Membe File Number(s): COM 17/51478