Margan v Taufaao (No. 2) [2017] NSWCATAD 246

Margan v Taufaao (No. 2) [2017] NSWCATAD 246

Special circumstances warranted a costs order because the Respondent was aware of the proceedings but chose not to participate, causing case conferences to be scheduled and re-scheduled, requiring steps to verify his address, and unreasonably prolonging the proceedings contrary to the duties in section 36. The Applicant's claimed Tribunal-related costs did not exceed $250 and were recoverable.

Jurisdiction
Australia
Judgment Date
10 August 2017
Procedural Posture
Application for Costs in Tribunal Proceedings Concerning Unlawful Homosexual Vilification / Determined on the Papers After the Substantive Decision
Outcome
Application for costs granted.
Legal Topics
['costs' 'special Circumstances for Costs' 'homosexual Vilification' 'ncat Practice and Procedure']
['administrative Law' 'anti Discrimination Law' 'civil Procedure'] ['costs' 'special Circumstances for Costs' 'homosexual Vilification' 'ncat Practice and Procedure']

Case Brief

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Procedural Posture

Application for Costs in Tribunal Proceedings Concerning Unlawful Homosexual Vilification / Determined on the Papers After the Substantive Decision

Legal Issues

  1. 1 ['Whether special circumstances existed under section 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs to the Applicant.' "Whether the Respondent's non-participation unreasonably prolonged the proceedings or failed to comply with the duty to co-operate with the Tribunal under section 36(3) of the Civil and Administrative Tribunal Act 2013." 'Whether the claimed costs were costs of or incidental to proceedings in the Tribunal.']

Ratio Decidendi

Special circumstances warranted a costs order because the Respondent was aware of the proceedings but chose not to participate, causing case conferences to be scheduled and re-scheduled, requiring steps to verify his address, and unreasonably prolonging the proceedings contrary to the duties in section 36. The Applicant's claimed Tribunal-related costs did not exceed $250 and were recoverable.

Court Disposition

Application for costs granted.

Orders

  • ['The Respondent, Mr Taufaao, is to pay the Applicant, Mr Margan, the sum of $250 in costs within 21 days of the publication of this decision.']