Bruce v Knight (No 3) [2021] NSWCATAP 343

Bruce v Knight (No 3) [2021] NSWCATAP 343

The appeal panel's decision to award the Appellants' costs at first instance was a deliberate exercise of discretion and not an obvious error, clerical mistake, or accidental omission. Therefore, the slip rule power under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) cannot be used to amend or remove the costs order. The application by the Respondents to amend the orders is dismissed.

Jurisdiction
Australia
Judgment Date
04 November 2021
Procedural Posture
Appeal / Application to Amend Costs Orders Under Slip Rule
Outcome
Application dismissed
Legal Topics
['slip Rule' 'application to Amend Orders' 'costs' 'jurisdiction of Tribunal']
['civil Procedure'] ['slip Rule' 'application to Amend Orders' 'costs' 'jurisdiction of Tribunal']

Case Brief

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Procedural Posture

Appeal / Application to Amend Costs Orders Under Slip Rule

Legal Issues

  1. 1 ['Whether the Appeal Panel has power under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) to amend its earlier costs order due to an alleged error' 'Whether the error identified is within the scope of the slip rule power' 'Whether procedural fairness was denied to the Respondents in the making of the costs order']

Ratio Decidendi

The appeal panel's decision to award the Appellants' costs at first instance was a deliberate exercise of discretion and not an obvious error, clerical mistake, or accidental omission. Therefore, the slip rule power under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) cannot be used to amend or remove the costs order. The application by the Respondents to amend the orders is dismissed.

Court Disposition

Application dismissed

Orders

  • ["The Respondents' application to amend the orders of 31 August 2021 pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed." "The stay of order (3) of the Appeal Panel's orders of 31 August 2021 is lifted." 'If the Appellants seek costs, they must file submissions limited to three...