Home789 Resources Pty Limited v Zheng Shang [2022] NSWCATEN 2

Home789 Resources Pty Limited v Zheng Shang [2022] NSWCATEN 2

Neither party demonstrated special circumstances warranting costs. Because the referral application was discontinued without a merits hearing and the relevant facts about service of the summons, compliance with the summons, and the parties' conduct were disputed, the Tribunal could not find on the balance of probabilities that either party acted unreasonably, that either would have succeeded, or that the proceedings were out of the ordinary.

Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Competing Costs Applications Following Discontinuance of an Application for Referral to the Supreme Court for Contempt / On the Papers
Outcome
The Tribunal dispensed with a hearing and dismissed both parties' costs applications.
Legal Topics
['dispensing With a Hearing' 'special Circumstances for Costs in Ncat' 'referral to Supreme Court for Contempt' 'failure to Comply With Summons' 'costs of Settled or Discontinued Proceedings']
['practice and Procedure' 'costs' 'contempt'] ['dispensing With a Hearing' 'special Circumstances for Costs in Ncat' 'referral to Supreme Court for Contempt' 'failure to Comply With Summons' 'costs of Settled or Discontinued Proceedings']

Case Brief

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Procedural Posture

Competing Costs Applications Following Discontinuance of an Application for Referral to the Supreme Court for Contempt / On the Papers

Legal Issues

  1. 1 ['Whether the competing costs applications could be determined on the papers without a hearing.' 'Whether the Applicant established special circumstances warranting an order that the Respondent pay its costs of the referral application.' 'Whether the Respondent established special circumstances warranting an order that the Applicant pay his costs of the referral application.' 'Whether, in the absence of a hearing on the merits and disputed facts about service of the summons and production of documents, the Tribunal could find that either party acted unreasonably or would have succeeded.']

Ratio Decidendi

Neither party demonstrated special circumstances warranting costs. Because the referral application was discontinued without a merits hearing and the relevant facts about service of the summons, compliance with the summons, and the parties' conduct were disputed, the Tribunal could not find on the balance of probabilities that either party acted unreasonably, that either would have succeeded, or that the proceedings were out of the ordinary.

Court Disposition

The Tribunal dispensed with a hearing and dismissed both parties' costs applications.

Orders

  • ['That pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing of the competing costs applications.' 'The application for costs of the Applicant is dismissed.' 'The application for costs of the Respondent is dismissed.']