Masters v Reserve Hotels Pty Limited atf NBF Trust (No 2) [2020] NSWCATAD 162

Masters v Reserve Hotels Pty Limited atf NBF Trust (No 2) [2020] NSWCATAD 162

No special circumstances exist warranting a departure from the general rule that each party bears their own costs. The Respondents’ conduct did not amount to unreasonable or improper allegations or actions, and there was insufficient evidence to support the Applicants’ contentions regarding the failure to settle or conduct during conciliation.

Parties
First Applicant: Luke Masters; Second Applicant: Wayne Clothier; First Respondent: SSC Security Pty Ltd; Second Respondent: Reserve Hotels Pty Ltd atf NBF Trust
Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Application for Costs / Post Hearing—costs Application Following Substantive Decision
Outcome
Application for costs dismissed; no order as to costs; hearing on costs dispensed with.
Legal Topics
Costs, Special Circumstances for Costs, Racial Discrimination Under Anti Discrimination Act 1977 (nsw)
Administrative Law Anti Discrimination Law Costs Special Circumstances for Costs Racial Discrimination Under Anti Discrimination Act 1977 (nsw)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Luke Masters

First Applicant

Wayne Clothier

Second Applicant

SSC Security Pty Ltd

First Respondent

Reserve Hotels Pty Ltd atf NBF Trust

Second Respondent

Procedural Posture

Application for Costs / Post Hearing—costs Application Following Substantive Decision

Legal Issues

  1. 1 Whether an order should be made dispensing with a hearing of the costs application under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 What are the legislative provisions governing the current costs application
  3. 3 Whether special circumstances exist warranting an order for costs pursuant to s 60 of the NCAT Act

Ratio Decidendi

No special circumstances exist warranting a departure from the general rule that each party bears their own costs. The Respondents’ conduct did not amount to unreasonable or improper allegations or actions, and there was insufficient evidence to support the Applicants’ contentions regarding the failure to settle or conduct during conciliation.

Court Disposition

Application for costs dismissed; no order as to costs; hearing on costs dispensed with.

Orders

  • Order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with a hearing of the application for costs.
  • Each party to the proceedings in the Tribunal is to pay the party's own costs.