Herbert v NSW Land & Housing Corporation [2019] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Herbert v NSW Land & Housing Corporation [2019] NSWCATAP 173 Hearing dates: 3 June 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Appeal Panel Before: D Charles, Senior Member A Boxall, Senior member Decision: 1. The appeal is dismissed;

2. Subject to the orders below, the Tribunal makes no orders as to costs with the intent being that each party is to bear their own costs of the proceedings;

3. The Tribunal directs that if a party contends for any different costs order, such application (including submissions of no more than 5 A4 size pages) and evidence (if not already filed) must be filed within 14 days of the date of these orders;

4. The Tribunal directs that the respondent to any costs application is to file and serve submissions of no more than 5 A4 size pages and evidence (if not already filed) within 14 days thereafter;

5. The Tribunal directs that the applicant for costs may file and serve submissions in reply of no more than 2 A4 size pages within 7 days thereafter;

6. The Tribunal directs that any submission as to costs must include submissions addressing whether or not there are "special circumstances" warranting a costs order pursuant to section 60(2) of the Civil and Administrative Tribunal Act 2013 NSW and also whether or not an order should be made dispensing with a hearing pursuant to section 50(2) of that Act;

7. If an application for a different costs order is made, the order for costs above shall cease to have effect. Catchwords: APPEAL - Residential Tenancy – termination – whether any error of law – leave to appeal refused – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Stephen Noel Herbert (Appellant)