Javam v Islam [2020] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Javam v Islam [2020] NSWCATAP 72 Hearing dates: 23 March 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Blake AM SC, Senior Member Decision: The appeal is dismissed. Catchwords: COSTS – party/party – general rule that costs follow the event – success – exceptions to general rule that costs follow the event – discretion – appeal from a discretionary decision Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: Allen v Tricare (Hastings) Ltd [2017] NSWCATAP 25 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Fleet Repairs & Maintenance Pty Ltd v Chief Commissioner of State Revenue [2020] NSWCATAD 48 House v R [1936] HCA 40; (1936) 55 CLR 499 Islam v Javam [2018] NSWSC 1430 Islam v Javam [2019] NSWSC 1147 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Yu v Cao [2015] NSWCA 276 Category: Principal judgment Parties: Abdollah Javam (Appellant) Sirajul Islam (Respondent) Representation: Solicitors: Doyles Construction Lawyers (Appellant) Somerville Legal (Respondent) File Number(s): AP 20/00905 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 December 2019 Before: D Goldstein, Senior Member File Number(s): HB 17/50847 & HB 17/50731