NACE Consulting Pty Ltd v Sharp [2020] NSWCATAP 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NACE Consulting Pty Ltd v Sharp [2020] NSWCATAP 40 Hearing dates: On the papers Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Decision: (1) The Appellant is to pay the Respondent's costs of the appeal in an amount as agreed, or as assessed. (2) A hearing on the question of costs is dispensed with. Catchwords: COSTS ON APPEAL - costs in the Consumer and Commercial Division, Rules 38 and 38A Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 Cases Cited: None cited Texts Cited: None cited Category: Costs Parties: NACE Consulting Pty Ltd (Appellant) Peter Sharp (Respondent) Representation: Solicitors: Appellant (Self Represented) Priest Legal (Respondent) File Number(s): AP 19/38032 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil & Administrative Tribunal New South Wales Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 05 August 2019 Before: G Blake SC, Senior Member File Number(s): HB18/38677

REASONS FOR DECISION

Background 1. This decision concerns costs of the appeal. The relevant background is that the Tribunal at first instance made orders that the Appellant was to pay the Respondent a sum of approximately $57,000 and costs. 2. The Appellant lodged an appeal on 23 August 2019. At a call over of the appeal, directions were made for the preparation of relevant evidence and submissions and a hearing date for the appeal was set for 11 November 2019. However, in late September/early October 2019 the Appellant sought to withdraw the appeal. On 8 October 2019 orders were made in chambers to the effect that the appeal was dismissed under s 55(1)(a) of the Civil & Administrative Tribunal Act 2013 ( the NCAT Act ) because it had been withdrawn. Directions were also made for the Appellant to file and serve submissions with respect to costs in response to a submission which had been received from the solicitors for the Respondent requesting that an order for costs of the appeal be made in favour of the Respondent. The hearing date was vacated. 3. In the Notice of Appeal, the Appellant had sought to have the orders at first instance set aside and in their place orders in favour of the Appellant requiring the Respondent to pay a sum in the order of $68,000.