Nicholls v Fortmann (No 2) [2020] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholls v Fortmann (No 2) [2020] NSWCATAP 84 Hearing dates: On the papers Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: (1) An oral hearing on costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 ('the NCAT Act'). (2) The appellant is to pay the respondents' costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the NCAT Act. Catchwords: COSTS – costs on appeal – special circumstances – dependent on own facts Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60(2), (3)(c) and (e) Dividing Fences Act 1991 (NSW), s 23 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Nil Category: Costs Parties: Melinda Nicholls (Appellant) Louis Fortmann (First Respondent) Margaretha Fortmann (Second Respondent) Representation: Solicitors: Appellant (Self Represented) Penmans Solicitors (Respondents) File Number(s): AP 19/47950 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 September 2019 Before: S Hanstein, General Member File Number(s): COM 19/22938