Templeton v Office of Environment and Heritage (No. 2) [2017] NSWCATAD 225

Templeton v Office of Environment and Heritage (No. 2) [2017] NSWCATAD 225

Special circumstances warranting a departure from the usual rule that each party bear their own costs were established, principally due to the Applicant's failure to comply with tribunal directions, attend key meetings, and properly prosecute his case, thereby unnecessarily disadvantaging the Respondent and leading to additional costs.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Costs Application / Post Substantive Decision; Determination of Costs
Outcome
Application for costs by Respondent successful; costs awarded against Applicant.
Legal Topics
['costs' 'special Circumstances' 'tribunal Procedure']
['administrative Law'] ['costs' 'special Circumstances' 'tribunal Procedure']

Case Brief

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Procedural Posture

Costs Application / Post Substantive Decision; Determination of Costs

Legal Issues

  1. 1 ['Whether there are special circumstances warranting an award of costs against the Applicant under section 60 of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

Special circumstances warranting a departure from the usual rule that each party bear their own costs were established, principally due to the Applicant's failure to comply with tribunal directions, attend key meetings, and properly prosecute his case, thereby unnecessarily disadvantaging the Respondent and leading to additional costs.

Court Disposition

Application for costs by Respondent successful; costs awarded against Applicant.

Orders

  • ["The Applicant is to pay the Respondent's costs of the proceedings from 5 July 2016, in an amount not exceeding $1,000, as agreed or assessed."]