Rushby & Anor v CTTT & Anor [2007] NSWSC 480

Rushby & Anor v CTTT & Anor [2007] NSWSC 480

The plaintiffs were not denied procedural fairness or natural justice because, by agreement, the procedure allowed for further submissions on costs only if confusion arose after judgment; as the Tribunal considered the outcome clear, making a costs order without further submissions was proper.

Jurisdiction
Australia
Judgment Date
15 May 2007
Procedural Posture
Appeal/application for Judicial Review / Judgment
Outcome
Plaintiffs' application dismissed; Tribunal decision affirmed; costs reserved.
Legal Topics
['costs Orders' 'natural Justice' 'procedural Fairness']
['administrative Law' 'civil Procedure'] ['costs Orders' 'natural Justice' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal/application for Judicial Review / Judgment

Legal Issues

  1. 1 ["Whether there was a denial of natural justice or procedural fairness in the Tribunal's determination of costs without hearing further submissions from the parties" 'Whether the Tribunal erred in its application of the statutory provisions as to costs']

Ratio Decidendi

The plaintiffs were not denied procedural fairness or natural justice because, by agreement, the procedure allowed for further submissions on costs only if confusion arose after judgment; as the Tribunal considered the outcome clear, making a costs order without further submissions was proper.

Court Disposition

Plaintiffs' application dismissed; Tribunal decision affirmed; costs reserved.

Orders

  • ['The decision of Tribunal Member Moore dated 7 September 2006 is affirmed.' 'The summons filed 6 October 2006 is dismissed.' 'Costs are reserved.']