NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: News v Cotes [2019] NSWCATAP 186 Hearing dates: 5 July 2019 Date of orders: 22 July 2019 Decision date: 22 July 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Principal Member Decision: 1. Leave to appeal is refused and the appeal is dismissed
2. Subject to order 3, the appellant is to pay the respondents' costs of this appeal, such costs to be as agreed or assessed on an ordinary basis.
3. In the event either party contends a different costs order should be made, the following order and directions are made:
a) Within 7 days from the date of the publication of these orders, the applicant for costs (costs applicant) is to file and serve any evidence and submissions in support of the application (costs application), whereupon order 2 ceases to have effect.
b) Within 14 days from the date of publication of these orders the respondent to the costs application is to file and serve any submissions in response.
c) Within 21 days from the date of publication of these orders the costs applicant is to file any submissions in reply.
d) The parties' submissions are to include submissions about whether an order should be made dispensing with a hearing of the costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013. Catchwords: COSTS – Rule 38 of the Civil and Administrative Tribunal Rules, 2014 – exercise of discretion – usual order – successful party's entitlement to costs – no error in exercising discretion Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 News v Cotes and Laptev [2019] NSWSCATAP 110 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Rosemary News (Appellant) Jane Maxine Cotes (First Respondent) Constantine Laptev (Second Respondent) Representation: R News (Appellant in-person) V Thomas (Respondent)
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