Taylor v Joye [2019] NSWCATAP 19

Taylor v Joye [2019] NSWCATAP 19

Rule 38 does not apply because the proceedings did not involve a claim for payment or relief from payment of a specific sum exceeding $30,000; there were no special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant an award of costs, and as the respondent did not address s 60, the application for costs must be dismissed.

Jurisdiction
Australia
Judgment Date
15 January 2019
Procedural Posture
Appeal / Costs Determination After Rehearing
Outcome
Respondent's application for costs dismissed
Legal Topics
['application of Costs Rule in Ncat' 'special Circumstances Under S 60 NCAT Act']
['costs'] ['application of Costs Rule in Ncat' 'special Circumstances Under S 60 NCAT Act']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Rehearing

Legal Issues

  1. 1 ['Whether respondent is entitled to an award of costs on appeal under Rule 38 of the NCAT Rules or s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

Rule 38 does not apply because the proceedings did not involve a claim for payment or relief from payment of a specific sum exceeding $30,000; there were no special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant an award of costs, and as the respondent did not address s 60, the application for costs must be dismissed.

Court Disposition

Respondent's application for costs dismissed

Orders

  • ['A hearing is dispensed with.' "The respondent's application for costs is dismissed."]