Eager v North Sydney Retirement Trust (No. 2) [2019] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eager v North Sydney Retirement Trust (No. 2) [2019] NSWCATAP 92 Hearing dates: On the papers Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member A Boxall, Senior Member Decision: 1. A hearing of these costs matters be dispensed with. 2. Each party is to pay their own costs of the Substantive Appeal, being appeal numbered AP 16/55362. 3. The appeal in AP 17/25494 is allowed. 4. Set aside the costs orders made by the Tribunal in matter number RV 16/30766. 5. Each party is to pay their own costs of the proceedings in matter number RV 16/30766, save for the costs of that part of the application for Order 2 that remained to be determined in accordance with the orders made by the Appeal Panel in appeal numbered AP 16/55362. Catchwords: COSTS - costs of appeal – appeal as whole not misconceived – partial success on appeal – dismissal of some claims as misconceived upheld on appeal - impact on costs at first instance -application of requirement for special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Retirement Villages Act 1999 Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Eager v North Sydney Retirement Trust [2018] NSWCATAP 50 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (No 3) [2017] NSWCA 109 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222 Zeaiter Corporate Holdings Pty Ltd v Satchitanantham (No2) [2009] NSWADT 70 Category: Costs Parties: Appellant: John Howard Eager Respondent: North Sydney Retirement Trust Representation: Appellant: Self-represented Solicitors: Thomson Geer (Respondent) File Number(s): AP 16/55362 and AP 17/25494 Publication restriction: None Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 19 May 2017 Before: J Smith, Senior Member File Number(s): RV 16/30766