Coolah Home Base Pty Ltd v Tait [2023] NSWCATAP 3

Coolah Home Base Pty Ltd v Tait [2023] NSWCATAP 3

Rule 38 did not apply because the proceedings did not involve an amount claimed or in dispute exceeding $30,000 in the required sense; the respondents' focus on the value of rights in issue or change in wealth was inconsistent with the authorities. Because r 38 did not apply, the respondents needed to establish special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), but their submissions did not do so. Their application for costs therefore had to be dismissed, with no order as to costs of the appeal.

Jurisdiction
Australia
Judgment Date
09 January 2023
Procedural Posture
Costs Application in Appeal Panel Proceedings Concerning Real Property, Retirement Villages and Residential Land Lease Communities / On the Papers After Substantive Appeal Decision
Outcome
Respondents' application for costs of the appeal and the primary proceedings dismissed; no order as to costs of the appeal.
Legal Topics
['costs in Consumer and Commercial Division Proceedings' 'whether R 38 of the Civil and Administrative Tribunal Rules 2014 (nsw) Applies' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)' 'meaning of Amount Claimed or in Dispute']
['real Property' 'retirement Villages' 'residential Land Lease Communities' 'costs'] ['costs in Consumer and Commercial Division Proceedings' 'whether R 38 of the Civil and Administrative Tribunal Rules 2014 (nsw) Applies' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)' 'meaning of Amount Claimed or in Dispute']

Case Brief

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Procedural Posture

Costs Application in Appeal Panel Proceedings Concerning Real Property, Retirement Villages and Residential Land Lease Communities / On the Papers After Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether to dispense with a hearing on costs.' 'Whether the respondents should receive costs of the appeal and the primary proceedings.' 'Whether r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) applied so that costs could be awarded without special circumstances.' 'Whether the respondents established special circumstances within s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).']

Ratio Decidendi

Rule 38 did not apply because the proceedings did not involve an amount claimed or in dispute exceeding $30,000 in the required sense; the respondents' focus on the value of rights in issue or change in wealth was inconsistent with the authorities. Because r 38 did not apply, the respondents needed to establish special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), but their submissions did not do so. Their application for costs therefore had to be dismissed, with no order as to costs of the appeal.

Court Disposition

Respondents' application for costs of the appeal and the primary proceedings dismissed; no order as to costs of the appeal.

Orders

  • ['Dispense with a hearing on costs.' "The respondents' application for costs of the appeal and the primary proceedings is dismissed." 'Make no order as to the costs of the appeal, to the effect that each party bears their costs of the appeal.']