Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42 Hearing dates: On the papers Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member D Goldstein, Senior Member Decision: (1) Mr Feng is to pay Ozwood (Australia) Pty Ltd on the ordinary basis, as agreed or assessed, the costs of and incidental to appeal proceedings AP 19/34504, excluding the costs of and incidental to the preparation of submissions of Ozwood's application submissions in reply. (2) A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS — whether "special circumstances" within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) is established — whether appeal was "lacking in substance"

COSTS — exercise of the power to fix costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 Sherborne Estate (No 2): Vanvalen & Anor v Neaves & Anor; Gilroy v Neaves & Anor [2005] NSWSC 1003 The Owners Corporation of Strata Plan 4521 v Zouk & anor. [2007] NSWCA 23 Texts Cited: None cited Category: Costs Parties: Guowen Feng (Appellant) OzWood (Australia) Pty Ltd (Respondent) Representation: Solicitors: