El Ali v Beaini Enterprises Pty Ltd and Anor (No 2) [2022] NSWCATAP 350

El Ali v Beaini Enterprises Pty Ltd and Anor (No 2) [2022] NSWCATAP 350

The Appeal Panel was satisfied that special circumstances existed because the appeal involved a re-agitation of the primary dispute on different grounds, with unorthodox grounds that appeared more like a set aside request than a demonstration that the Tribunal fell into error. The appellants did not challenge the respondents' costs submissions. The Panel therefore granted a costs order under s 60, but declined to make a lump sum order because costs should instead be agreed or assessed.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Costs Decision Following an Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013 Concerning a Residential Tenancy / Application by the Respondents for Costs of the Appeal, Determined on the Papers After Leave to Appeal Was Refused and the Appeal Was Dismissed
Outcome
The respondents' costs application was granted; the hearing of the costs application was dispensed with; the appellants were ordered to pay the respondents' costs of the appeal on a party/party basis, to be agreed or assessed.
Legal Topics
['special Circumstances for Costs in Ncat' 'dispensing With Oral Hearing' 'party/party Costs' 'lump Sum Costs Order']
['civil Procedure' 'costs' 'residential Tenancy'] ['special Circumstances for Costs in Ncat' 'dispensing With Oral Hearing' 'party/party Costs' 'lump Sum Costs Order']

Case Brief

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Procedural Posture

Costs Decision Following an Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013 Concerning a Residential Tenancy / Application by the Respondents for Costs of the Appeal, Determined on the Papers After Leave to Appeal Was Refused and the Appeal Was Dismissed

Legal Issues

  1. 1 ["Whether a hearing of the respondents' costs application should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013." 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs in favour of the respondents.' 'Whether a lump sum costs order should be made.']

Ratio Decidendi

The Appeal Panel was satisfied that special circumstances existed because the appeal involved a re-agitation of the primary dispute on different grounds, with unorthodox grounds that appeared more like a set aside request than a demonstration that the Tribunal fell into error. The appellants did not challenge the respondents' costs submissions. The Panel therefore granted a costs order under s 60, but declined to make a lump sum order because costs should instead be agreed or assessed.

Court Disposition

The respondents' costs application was granted; the hearing of the costs application was dispensed with; the appellants were ordered to pay the respondents' costs of the appeal on a party/party basis, to be agreed or assessed.

Orders

  • ["Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013, order that a hearing of the respondent's application that the appellants pay the respondent's costs of the appeal be dispensed with." 'The application for a costs order made by the respondents is granted.' "The appellants are to pay the...