Lapraed v Gathercole [2023] NSWCATAP 299

Lapraed v Gathercole [2023] NSWCATAP 299

Given that the appellant pursued an unmeritorious appeal, failed to appear at key hearings, failed to comply with Tribunal directions, and caused unnecessary costs to the respondent, special circumstances exist warranting a costs order under s 60 of the NCAT Act.

Jurisdiction
Australia
Judgment Date
07 November 2023
Procedural Posture
Appeal / Determination of Application for Costs Following Dismissal of Appeal
Outcome
Appellant to pay respondent's costs of the appeal as agreed or assessed.
Legal Topics
['appeals' 'residential Tenancies' 'tribunal Costs']
['administrative Law' 'tenancy'] ['appeals' 'residential Tenancies' 'tribunal Costs']

Case Brief

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Procedural Posture

Appeal / Determination of Application for Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to justify a costs order against the appellant']

Ratio Decidendi

Given that the appellant pursued an unmeritorious appeal, failed to appear at key hearings, failed to comply with Tribunal directions, and caused unnecessary costs to the respondent, special circumstances exist warranting a costs order under s 60 of the NCAT Act.

Court Disposition

Appellant to pay respondent's costs of the appeal as agreed or assessed.

Orders

  • ['A hearing on costs is dispensed with in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013.' "The appellant is to pay the respondent's costs of the appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform...