de Tarle v Newland (Costs No 2) [2023] NSWCATAP 20

de Tarle v Newland (Costs No 2) [2023] NSWCATAP 20

The appellant did not demonstrate special circumstances under s 60 warranting costs of the appeal. Although the appeal had succeeded on a procedural fairness point, the appellant's position was not advanced because the same substantive costs outcome was reached on redetermination. The material did not show that the respondents' conduct actively disadvantaged the appellant, prolonged the appeal or complicated it, and the appeal was always difficult on the merits. The default position that each party bear their own costs therefore applied.

Jurisdiction
Australia
Judgment Date
01 February 2023
Procedural Posture
Costs Application in an NCAT Appeal Panel Proceeding Arising From Strata Proceedings / Determination on the Papers of the Appellant's Application for Costs of the Appeal
Outcome
Application for an award of costs of the appeal dismissed; each party to bear their own costs, including costs of the miscellaneous application.
Legal Topics
['costs of Appeal' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013' 'dispensing With a Hearing' 'procedural Fairness' 'legal Representation Before Ncat']
['civil Procedure' 'costs' 'strata Law'] ['costs of Appeal' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013' 'dispensing With a Hearing' 'procedural Fairness' 'legal Representation Before Ncat']

Case Brief

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Procedural Posture

Costs Application in an NCAT Appeal Panel Proceeding Arising From Strata Proceedings / Determination on the Papers of the Appellant's Application for Costs of the Appeal

Legal Issues

  1. 1 ['Whether a hearing on the costs application should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Whether there were special circumstances warranting an award of costs of the appeal under s 60 of the Civil and Administrative Tribunal Act 2013.' 'Whether the Appeal Panel should consider submissions filed by solicitors for the second respondent where leave for legal representation had not been granted.']

Ratio Decidendi

The appellant did not demonstrate special circumstances under s 60 warranting costs of the appeal. Although the appeal had succeeded on a procedural fairness point, the appellant's position was not advanced because the same substantive costs outcome was reached on redetermination. The material did not show that the respondents' conduct actively disadvantaged the appellant, prolonged the appeal or complicated it, and the appeal was always difficult on the merits. The default position that each party bear their own costs therefore applied.

Court Disposition

Application for an award of costs of the appeal dismissed; each party to bear their own costs, including costs of the miscellaneous application.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The application for an award of costs of the appeal is dismissed with the intent that each party bear their own costs.']