Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71 Hearing dates: On the papers Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G Sarginson, Senior Member Decision: (1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application for costs and other orders is dismissed. (3) Each party is to bear its own costs of the appeal in accordance with s 60 (1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014---Amount claimed or in dispute in appeal proceedings---Whether special circumstances must be established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Strata 778 Pty Ltd v Enright [2019] NSWCATAP 106 Category: Costs Parties: Strata 778 Pty Ltd (Appellant) Christian Francis Enright (First Respondent) David McCabe (Second Respondent) Representation: Solicitors: Adam Stack & Co (Appellant) Swan Lawyers (Respondents) File Number(s): AP18/54523 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 November 2018 Before: D. Bluth, Senior Member File Number(s): COM 17/25698 and COM 17/16207