Sorrento Bathrooms and Kitchens Pty Ltd v Wei Huang Wang [2019] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sorrento Bathrooms and Kitchens Pty Ltd v Wei Huang Wang [2019] NSWCATAP 175 Hearing dates: 12 June 2019, Submissions close 1 July 2019 Date of orders: 12 June 2019 Decision date: 12 July 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President S Thode, Senior Member Decision: The appellant shall pay the respondent's costs of and incidental to the appeal as agreed or as assessed on the ordinary basis until 10 June 2019, and on an indemnity basis thereafter. Catchwords: COSTS - costs when proceedings are withdrawn or settled Legislation Cited: Civil and Administrative Tribunal Act 2013 Retail Leases Act 1994 Civil and Administrative Tribunal Rules 2014 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Manly Council v Malouf (2004) 61 NSWLR 394 Category: Costs Parties: Sorrento Bathrooms and Kitchens Pty Ltd (Appellant); (Respondent) Representation: S Sadaat, Steward & Associates Solicitors and Barristers (Appellant)

Counsel C Wilson, Instructed by P Tiernan, Tiernan Lawyers - (Respondent) File Number(s): AP 19/16157 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This is an application for costs made by Wei Huang Wang against Sorrento Bathrooms and Kitchens Pty Ltd, arising from an internal appeal under s 80(1) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) in respect of proceedings COM 18/37333. The appeal was withdrawn on the day of the hearing.