AGY Global Wealth Pty Ltd v Gillies (No 2) [2023] NSWCATAP 166

AGY Global Wealth Pty Ltd v Gillies (No 2) [2023] NSWCATAP 166

The owner did not establish special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013. The builder's failure to comply with orders did not prejudice the owner, and even if special circumstances existed, discretion would not be exercised to order costs.

Jurisdiction
Australia
Judgment Date
22 June 2023
Procedural Posture
Appeal / Costs Application Following Appeal Determination
Outcome
Application for costs dismissed. No order as to costs.
Legal Topics
['costs' 'application of S 60 Civil and Administrative Tribunal Act 2013']
['administrative Law' 'civil Procedure'] ['costs' 'application of S 60 Civil and Administrative Tribunal Act 2013']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Appeal Determination

Legal Issues

  1. 1 ['Whether a hearing on the application for costs should be dispensed with under s 50(2) Civil and Administrative Tribunal Act 2013' 'Whether special circumstances exist warranting an award of costs under s 60(2) Civil and Administrative Tribunal Act 2013' "Whether the Tribunal's discretion should be exercised to award costs even if special circumstances exist"]

Ratio Decidendi

The owner did not establish special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013. The builder's failure to comply with orders did not prejudice the owner, and even if special circumstances existed, discretion would not be exercised to order costs.

Court Disposition

Application for costs dismissed. No order as to costs.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The application for costs is dismissed.']