Jan v Health Care Complaints Commission (No 2) [2021] NSWSC 480

Jan v Health Care Complaints Commission (No 2) [2021] NSWSC 480

Although Mr Jan succeeded on one ground, he failed on the large majority of his grounds of appeal, and most resources were spent on points where he failed. Given the partial success and the manner in which the case was conducted, it is just and fair that there be no order as to costs of the proceedings in the Supreme Court. However, as Mr Jan was wholly unsuccessful on his application to vary the costs order, he should pay the HCCC's costs of that application.

Jurisdiction
Australia
Judgment Date
07 May 2021
Procedural Posture
Appeal From NCAT / Determination of Application to Vary Costs Order
Outcome
Application to vary order 6 refused; order for costs of the application against Mr Jan.
Legal Topics
['costs' 'appeals' 'exercise of Discretion in Costs Orders']
['civil Procedure'] ['costs' 'appeals' 'exercise of Discretion in Costs Orders']

Case Brief

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Procedural Posture

Appeal From NCAT / Determination of Application to Vary Costs Order

Legal Issues

  1. 1 ['Whether applicant should be awarded costs after partial success on appeal' 'Whether costs should follow the event when majority of grounds failed' 'Exercise of discretion to depart from the usual order as to costs']

Ratio Decidendi

Although Mr Jan succeeded on one ground, he failed on the large majority of his grounds of appeal, and most resources were spent on points where he failed. Given the partial success and the manner in which the case was conducted, it is just and fair that there be no order as to costs of the proceedings in the Supreme Court. However, as Mr Jan was wholly unsuccessful on his application to vary the costs order, he should pay the HCCC's costs of that application.

Court Disposition

Application to vary order 6 refused; order for costs of the application against Mr Jan.

Orders

  • ['Application to vary order 6 made on 8 April 2021 refused.' "Mr Jan to pay the HCCC's costs of the application to vary order 6."]