Martins-Lopes v Keller [2024] NSWCATAP 215

Martins-Lopes v Keller [2024] NSWCATAP 215

The Tribunal found that the amount claimed in the first instance was less than $30,000, so r 38 and r 38A did not apply, and thus the normal rule under s 60(1) of the NCAT Act applied, requiring special circumstances for an award of costs. The Tribunal determined that the tenants had not established special circumstances justifying a costs order, and dismissed both parties' applications for costs of the appeal, ordering each party to pay their own costs.

Parties
First Appellant: Geraldine Martins-Lopes; Second Appellant: Scott Goodwill; Respondent: Christopher Keller
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Internal Appeal / Post Appeal Costs Determination
Outcome
Both parties' applications for costs of the appeal are dismissed; each party is to pay their own costs of the appeal.
Legal Topics
Costs, Tribunal Procedure, Residential Tenancies
Civil Procedure Costs Tribunal Procedure Residential Tenancies

Case Brief

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Parties

Geraldine Martins-Lopes

First Appellant

Scott Goodwill

Second Appellant

Christopher Keller

Respondent

Procedural Posture

Internal Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Should a hearing on costs be dispensed with?
  2. 2 Should either party be ordered to pay the other party's costs of the appeal?
  3. 3 Do special circumstances warrant an award of costs?

Ratio Decidendi

The Tribunal found that the amount claimed in the first instance was less than $30,000, so r 38 and r 38A did not apply, and thus the normal rule under s 60(1) of the NCAT Act applied, requiring special circumstances for an award of costs. The Tribunal determined that the tenants had not established special circumstances justifying a costs order, and dismissed both parties' applications for costs of the appeal, ordering each party to pay their own costs.

Court Disposition

Both parties' applications for costs of the appeal are dismissed; each party is to pay their own costs of the appeal.

Orders

  • A hearing is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Time for the appellants to file and serve costs submissions in reply is extended to 18 October 2024.