Clarke v Bowen (No 2) [2019] NSWCATAP 230

Clarke v Bowen (No 2) [2019] NSWCATAP 230

Because the amount in dispute on the appeal was $7,700, r 38(2) did not apply and costs could only be awarded if special circumstances existed. The matters relied on by the Respondents, including the Appellants' failure to pay, alleged trespass, and ordinary costs of responding to the appeal, were not circumstances out of the ordinary. The issue of costs could be adequately determined on the papers, and a hearing would cause unnecessary expense.

Jurisdiction
Australia
Judgment Date
16 September 2019
Procedural Posture
Costs Application in an Appeal to the Appeal Panel of the NSW Civil and Administrative Tribunal / On the Papers After the Appeal Was Dismissed
Outcome
The application for costs was dismissed and each party was ordered to pay their own costs of the appeal.
Legal Topics
['special Circumstances for Costs' 'dispensing With a Hearing' 'costs in NCAT Appeals' 'self Represented Parties']
['costs' 'civil Procedure' 'tribunal Appeals'] ['special Circumstances for Costs' 'dispensing With a Hearing' 'costs in NCAT Appeals' 'self Represented Parties']

Case Brief

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Procedural Posture

Costs Application in an Appeal to the Appeal Panel of the NSW Civil and Administrative Tribunal / On the Papers After the Appeal Was Dismissed

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether special circumstances existed to warrant an award of costs in favour of the Respondents.' 'Whether r 38(2) of the Civil and Administrative Tribunal Rules 2014 applied where the amount in dispute was $7,700.']

Ratio Decidendi

Because the amount in dispute on the appeal was $7,700, r 38(2) did not apply and costs could only be awarded if special circumstances existed. The matters relied on by the Respondents, including the Appellants' failure to pay, alleged trespass, and ordinary costs of responding to the appeal, were not circumstances out of the ordinary. The issue of costs could be adequately determined on the papers, and a hearing would cause unnecessary expense.

Court Disposition

The application for costs was dismissed and each party was ordered to pay their own costs of the appeal.

Orders

  • ['A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for costs is dismissed and each party is to pay their own costs of the appeal.']