Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2020] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2020] NSWCA 62 Hearing dates: 15 April 2020 Date of orders: 15 April 2020 Decision date: 16 April 2020 Before: Leeming JA; White JA. Decision: 1. Grant leave to appeal confined to the questions:

(a) did the Appeal Panel of NCAT have power to make order 3 of 20 December 2018 that the applicant pay the first respondent's costs of the appeal and did Senior Member L Wilson of NCAT have power to make order 1 of 14 January 2019 that the applicant pay the first respondent's costs of proceedings in NCAT from 8 September 2017 as agreed or assessed on the ordinary basis; and

(b) if there were no power to make those orders what orders should be made?

2. Otherwise dismiss the summons seeking leave to appeal.

3. The parties' costs of the summons be costs in the appeal. Catchwords: APPEAL – requirement of leave – many proposed grounds of appeal – question whether NCAT had power to make costs order in proceedings based on federal law of general importance – although question not raised at first instance, question would arise between the same parties when costs order was sought to be enforced – no other question warranting grant of leave. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Pt 3A, ss 34C, 60, 82, 83, cl 6 of Sch 4 Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Burns v Corbett [2018] HCA 15; 353 ALR 386 Burns v Corbett (2017) 96 NSWLR 247; [2017] NSWCA 3 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Wilson v Chan & Naylor Parramatta Pty Ltd [2019] NSWSC 1598 Category: Principal judgment Parties: Stephen Wilson (Applicant) Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust (First Respondent) Civil and Administrative Tribunal of New South Wales (Second Respondent) Representation: Counsel: Applicant in person D Elliott (First Respondent)