Commissioner of Police v EMB (No.2 - Costs of Application for a Stay) [2021] NSWCATAP 60

Commissioner of Police v EMB (No.2 - Costs of Application for a Stay) [2021] NSWCATAP 60

No special circumstances were demonstrated to warrant an award of costs under s 60; the appellant's conduct was not improper or out of the ordinary and the stay application was not frivolous or vexatious.

Parties
Appellant: Commissioner of Police; Respondent: EMB
Jurisdiction
Australia
Judgment Date
18 March 2021
Procedural Posture
Appeal / Determination of Costs Application Following Refusal of Stay
Outcome
Costs application dismissed
Legal Topics
Application for Stay, Award of Costs, Special Circumstances Under S 60 of Civil and Administrative Tribunal Act 2013
Administrative Law Costs Application for Stay Award of Costs Special Circumstances Under S 60 of Civil and Administrative Tribunal Act 2013

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner of Police

Appellant

EMB

Respondent

Procedural Posture

Appeal / Determination of Costs Application Following Refusal of Stay

Legal Issues

  1. 1 Whether special circumstances exist to warrant a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) after refusal of a stay application

Ratio Decidendi

No special circumstances were demonstrated to warrant an award of costs under s 60; the appellant's conduct was not improper or out of the ordinary and the stay application was not frivolous or vexatious.

Court Disposition

Costs application dismissed

Orders

  • The respondent's application that the appellant pay his costs of the Application for a Stay is dismissed.