Chalhoub v Astro Real Estate Holding Pty Ltd (No 2) [2018] NSWCATAP 289

Chalhoub v Astro Real Estate Holding Pty Ltd (No 2) [2018] NSWCATAP 289

Although the respondent had succeeded in the appeal, the appellant's position was not frivolous, vexatious, misconceived or entirely lacking in substance, and there was no relevant misconduct by the self-represented appellant. The circumstances of the appeal were not special circumstances under section 60 of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Application for Costs Order in Appeal Proceedings / Appeal Panel, on the Papers
Outcome
The respondent's application for a costs order was dismissed.
Legal Topics
['costs in NCAT Proceedings' 'special Circumstances for Costs' 'appeal Proceedings']
['civil Procedure' 'costs' 'consumer and Commercial Proceedings'] ['costs in NCAT Proceedings' 'special Circumstances for Costs' 'appeal Proceedings']

Source-derived case record

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Procedural Posture

Application for Costs Order in Appeal Proceedings / Appeal Panel, on the Papers

Legal Issues

  1. 1 ['Whether special circumstances existed under section 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs to the successful respondent in the appeal.' "Whether the appellant's appeal was frivolous, vexatious, misconceived, lacking in substance, or otherwise justified a costs order."]

Ratio Decidendi

Although the respondent had succeeded in the appeal, the appellant's position was not frivolous, vexatious, misconceived or entirely lacking in substance, and there was no relevant misconduct by the self-represented appellant. The circumstances of the appeal were not special circumstances under section 60 of the Civil and Administrative Tribunal Act 2013 warranting a costs order, so the respondent's costs application was refused.

Court Disposition

The respondent's application for a costs order was dismissed.

Orders

  • ['The application for a costs order made by the respondent is dismissed.']