Paterson v BRK Projects Pty Ltd [2021] NSWCATAP 91

Paterson v BRK Projects Pty Ltd [2021] NSWCATAP 91

The issues raised, while of some complexity, did not rise above the 'ordinary' so as to constitute special circumstances under s 60; mere success on appeal or the use of legal representatives does not meet the statutory threshold.

Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Appeal / Costs Determination Post Appeal
Outcome
Respondent's application for costs dismissed; no special circumstances found.
Legal Topics
['special Circumstances for Costs' 'civil Procedure' 'tribunal Appeals']
['costs'] ['special Circumstances for Costs' 'civil Procedure' 'tribunal Appeals']

Case Brief

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Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 ['Whether special circumstances warranting an award of costs exist under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The issues raised, while of some complexity, did not rise above the 'ordinary' so as to constitute special circumstances under s 60; mere success on appeal or the use of legal representatives does not meet the statutory threshold.

Court Disposition

Respondent's application for costs dismissed; no special circumstances found.

Orders

  • ["A hearing for the respondent's application for costs is dispensed with under Section 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW)." "The respondent's application for the costs of the appeal is dismissed."]