D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 Hearing dates: On the papers Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member M Gracie, Senior Member Decision: (1) A hearing on costs is dispensed with. (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 Catchwords: COSTS – costs on appeal – appeal withdrawn by appellant without a hearing on the merits – principles applicable to costs where no hearing on the merits – withdrawal effectively a surrender Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(a), 60 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Kiama Council v Grant [2006] NSWLEC 96 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: None cited Category: Costs Parties: D Constructions Pty Ltd (Appellant) Sally Walsh (First Respondent) Antonio Gregorio (Second Respondent) Representation: Counsel: M T Keene (Respondents)

Solicitors: Appellant (No Appearance) BCP Lawyers & Consultants (Respondents) File Number(s): AP 20/02343 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 December 2019 Before: G Ellis SC, Senior Member File Number(s): HB 19/13050