Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Hearing dates: On the papers Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing of the application in respect of costs is dispensed with.

2. The respondent is to pay the appellant's costs of this appeal fixed in an amount of $4420.68 inclusive of GST.

3. The name of the respondent is changed to Commissioner for Fair Trading, Department of Customer Service. Catchwords: COSTS – costs of the appeal – whether special circumstances – failure by respondent to provide relevant documents to tribunal at first instance – injustice caused to the appellant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: BPU v NSW Trustee and Guardian (Costs) [2016] NSWCATAP 87 Collins v Urban [2014] NSWCATAP 17 Commissioner for Fair Trading v Edward Lees Imports Pty Ltd (No 2) [2019] NSWCATAP 222 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Cripps v Dawson [2006] NSWCA 81 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Hammond v Ozzy Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River City Council (1998) 193 CLR 72 Sahade v Owners SP 62022 [2015] NSWCATAP 225 Category: Costs Parties: Matthew Edwards (Appellant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: J Coss (Respondent)