Rockwall Homes Pty Ltd Ayoub [2020] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rockwall Homes Pty Ltd Ayoub [2020] NSWCATAP 87 Hearing dates: On the papers Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member Dr J Lucy, Senior Member Decision: (1) A hearing is dispensed with. (2) The name of the respondent is amended to Minerva Khoury trading as Sungary Services. (3) Romeo Ayoub is removed as a party. (4) The appellant is to pay the respondent's costs of the appeal as agreed or assessed. Catchwords: APPEAL – costs - exercise of discretion to award costs under r 38(2) of the Civil and Administrative Tribunal Rules 2014 where proceedings are withdrawn – failure to prosecute appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Cases Cited: Ibrahim v PERI Australia Pty Ltd [2013] NSWCA 328 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11 (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Thomson v Chapman [2016] NSWCATAP 6 Transfield Services (Australia) Pty Limited v James Gaha [2012] NSWSC 865 Category: Principal judgment Parties: Rockwall Homes Pty Ltd (Appellant) Romeo Ayoub (First Respondent) Minerva Khoury (Second Respondent) Representation: Solicitors: One Group Legal (Appellant) Ayoub Lawyers (Respondents) File Number(s): AP 19/50377 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 October 2019 Before: M Eftimou, Member File Number(s): GEN 19/18013