SHH Ltd v City of Parramatta Council; SHH Ltd v City of Parramatta Council (No 2) [2019] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SHH Ltd v City of Parramatta Council; SHH Ltd v City of Parramatta Council (No 2) [2019] NSWCATAP 231 Hearing dates: On the papers Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member D A C Robertson, Senior Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) The appellant is to pay the costs of the respondent in proceedings AP 19/11824 and AP 19/07450 as agreed or assessed on the ordinary basis until 26 April 2019 and on the indemnity basis thereafter. (3) In proceedings GEN 18/09402, the costs be determined in the amount of $5,000 as a lump sum. Catchwords: APPEAL – costs – claim by successful respondent for costs and indemnity costs – whether a claim for determination of a sub-licence constitutes a claim in excess of $30,000 – whether special circumstances exist – no new material offered on appeal – claim for indemnity costs following rejection of reasonable offer of settlement – whether indemnity costs should be awarded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Supreme Court Act 1970 (NSW) Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings Pty Ltd [2017] NSWCATAP 29 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 De Luca v Scuccimarra (No.2) [2007] NSWADT 245 Eager v North Sydney Retirement Trust (No.2) [2019] NSWCATAP 92 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Hamod v State of New South Wales [2011] NSWCA 375 Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Mendonca v Tonna [2017] NSWCATAP 176 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 SHH Ltd v City of Parramatta Council; SHH Ltd v City of Parramatta Council [2019] NSWCATAP 131 Wassef v Panagiotopoulos [2019] NSWCATAP 188 Zeaiter Corporate Holdings Pty Ltd v Satchithanantham (No.2) [2009] NSWADT 70 Texts Cited: None cited Category: Costs Parties: AP 19/07450: