Javam v Al-Amin (No 2) [2020] NSWCATAP 118

Javam v Al-Amin (No 2) [2020] NSWCATAP 118

Special circumstances exist warranting a costs order due to appellant's prosecution of stay application without proper evidence and the respondent's overall success; thus, costs for the stay application should be awarded to the respondents.

Parties
Appellant: Abdollah Javam; First Respondent: Mohammad Al-Amin; Second Respondent: Sabreena Zoha Amin
Jurisdiction
Australia
Judgment Date
23 June 2020
Procedural Posture
Appeal / Costs Application Following Determination of Stay Application
Outcome
Appellant to pay respondents' costs for the stay application.
Legal Topics
Costs, Stay Applications
Tribunal Appeals Costs Stay Applications

Case Brief

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Parties

Abdollah Javam

Appellant

Mohammad Al-Amin

First Respondent

Sabreena Zoha Amin

Second Respondent

Procedural Posture

Appeal / Costs Application Following Determination of Stay Application

Legal Issues

  1. 1 Whether the respondents are entitled to costs for the stay application
  2. 2 Whether special circumstances exist to warrant a costs order under s 60 Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

Special circumstances exist warranting a costs order due to appellant's prosecution of stay application without proper evidence and the respondent's overall success; thus, costs for the stay application should be awarded to the respondents.

Court Disposition

Appellant to pay respondents' costs for the stay application.

Orders

  • The appellant shall pay the respondents' costs of the application for a stay, as agreed or as assessed.