Metrix Development Pty Ltd & Ors v Chen and Liang [2021] NSWCATAP 283

Metrix Development Pty Ltd & Ors v Chen and Liang [2021] NSWCATAP 283

The general rule in s 60(1) of the Civil & Administrative Tribunal Act 2013 NSW prevailed. Although the Appellants failed on all grounds of appeal, their grounds were not so obviously untenable that they could not possibly succeed and the appeal was not misconceived or lacking in substance for the purposes of s 60(3). The Respondents' costs application was also inconsistent with the condition imposed when they were granted leave to be legally represented, and their submissions did not justify displacing that condition. The Appellants' costs application failed because their rejected appeal arguments could not be re-agitated, the 26 April 2021 Calderbank letter was not more favourable to...

Jurisdiction
Australia
Judgment Date
20 September 2021
Procedural Posture
Costs Applications in NCAT Appeal / On the Papers After Dismissal of Appeal
Outcome
The applications for costs orders were dismissed, and the costs applications were determined on the papers without a hearing.
Legal Topics
['ncat Appeal Costs' 'special Circumstances for Costs' 'costs After Dismissal of Appeal' 'legal Representation Condition' 'uniform Civil Procedure Rules Applicability' 'residential Tenancy Termination Appeal']
['costs' 'civil Procedure' 'residential Tenancy'] ['ncat Appeal Costs' 'special Circumstances for Costs' 'costs After Dismissal of Appeal' 'legal Representation Condition' 'uniform Civil Procedure Rules Applicability' 'residential Tenancy Termination Appeal']

Case Brief

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Procedural Posture

Costs Applications in NCAT Appeal / On the Papers After Dismissal of Appeal

Legal Issues

  1. 1 ["Whether the parties' applications for costs could be determined on the papers without a hearing." 'Whether special circumstances under s 60 of the Civil & Administrative Tribunal Act 2013 NSW warranted a costs order in favour of the Respondents after dismissal of the appeal.' "Whether the condition on the Respondents' leave to be legally represented, that there be no claim for legal costs of the appeal, prevented or weighed against their costs application." 'Whether the Appellants were entitled to costs notwithstanding their unsuccessful appeal, including by reason of Calderbank offers, r 42.20(1) of the Uniform Civil Procedure Rules, or r 38(2)(b) of the Civil & Administrative Tribunal Rules.']

Ratio Decidendi

The general rule in s 60(1) of the Civil & Administrative Tribunal Act 2013 NSW prevailed. Although the Appellants failed on all grounds of appeal, their grounds were not so obviously untenable that they could not possibly succeed and the appeal was not misconceived or lacking in substance for the purposes of s 60(3). The Respondents' costs application was also inconsistent with the condition imposed when they were granted leave to be legally represented, and their submissions did not justify displacing that condition. The Appellants' costs application failed because their rejected appeal arguments could not be re-agitated, the 26 April 2021 Calderbank letter was not more favourable to...

Court Disposition

The applications for costs orders were dismissed, and the costs applications were determined on the papers without a hearing.

Orders

  • ["An order dispensing with a hearing with respect to the parties' applications for costs is made." 'The applications for costs orders are dismissed.']