Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84 Hearing dates: On the papers Date of orders: 11 April 2019 Decision date: 11 April 2019 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member A Suthers, Senior Member Decision: (1) A hearing on the issue of costs is dispensed with.

(2) The appellant is pay the respondent's costs as agreed or as assessed. Catchwords: COSTS - whether a hearing should be dispensed with – which costs rule applies – whether costs should be awarded on the indemnity basis whether a gross sum costs order should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152 Gizah Pty Limited v AXA Trustees Limited (No. 2) [2001] NSWADT 164 Hillebrand v Penrith Council [2000] NSWSC 1058 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Mison v Bennett Property (NSW) Pty Ltd [2018] NSWCATAP 138 Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 O'Neill v Community Association DP 270158 [2018] NSWCATAP 272 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Category: Costs Parties: John Murphy (Appellant) Trustees Catholic Aged Care Sydney (Respondent) Representation: Counsel: M Walsh (Respondent)