Lloyd -v- TCN Channel Nine Pty Ltd and Another (2) [1999] NSWADTAP 7

Lloyd -v- TCN Channel Nine Pty Ltd and Another (2) [1999] NSWADTAP 7

The applications were refused because the Appeal Panel was not satisfied that special circumstances warranted any costs order. The Veterinary Surgeons Investigating Committee's participation was useful but voluntary and not necessary, Dr Lloyd's appeal was reasonably brought and not unreasonably conducted, and TCN's application and defence of the first instance consent were not unmeritorious or unreasonable. Success on the appeal and the financial strain identified by Dr Lloyd did not amount to special circumstances in the circumstances of the case.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Appeal Panel Proceeding; Applications for Costs Under S 88 of the Administrative Decisions Tribunal Act 1997 (nsw) Following an Appeal Concerning Consent Under S 126 / Written Determination of Costs Applications After Orders Disposing of the Appeal
Outcome
The applications for costs by the Veterinary Surgeons Investigating Committee and Dr Lloyd were refused.
Legal Topics
['special Circumstances for Costs' 'administrative Decisions Tribunal Costs Jurisdiction' 'media Application for Consent to Identify Party' 'disciplinary Proceedings Context']
['administrative Law' 'costs' 'tribunal Procedure'] ['special Circumstances for Costs' 'administrative Decisions Tribunal Costs Jurisdiction' 'media Application for Consent to Identify Party' 'disciplinary Proceedings Context']

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Procedural Posture

Appeal Panel Proceeding; Applications for Costs Under S 88 of the Administrative Decisions Tribunal Act 1997 (nsw) Following an Appeal Concerning Consent Under S 126 / Written Determination of Costs Applications After Orders Disposing of the Appeal

Legal Issues

  1. 1 ['Whether s 88 of the Administrative Decisions Tribunal Act 1997 (NSW) empowered and governed the costs applications.' 'Whether special circumstances warranted an award of costs in favour of the Veterinary Surgeons Investigating Committee against TCN Channel Nine Pty Ltd and/or Dr Lloyd.' 'Whether special circumstances warranted an award of costs in favour of Dr Lloyd against TCN Channel Nine Pty Ltd.']

Ratio Decidendi

The applications were refused because the Appeal Panel was not satisfied that special circumstances warranted any costs order. The Veterinary Surgeons Investigating Committee's participation was useful but voluntary and not necessary, Dr Lloyd's appeal was reasonably brought and not unreasonably conducted, and TCN's application and defence of the first instance consent were not unmeritorious or unreasonable. Success on the appeal and the financial strain identified by Dr Lloyd did not amount to special circumstances in the circumstances of the case.

Court Disposition

The applications for costs by the Veterinary Surgeons Investigating Committee and Dr Lloyd were refused.

Orders

  • ['The applications for costs are refused.']