Cicek v Department of Customer Service (No 2) [2020] NSWLEC 97

The Department, as the successful party in the appeal, is entitled to its costs following the general rule, and since it only seeks a limited sum, costs were ordered in that amount ($3,040).

Jurisdiction: Australia
Judgment Date: 10 July 2020
Procedural Posture: Appeal Class 3 / Post Judgment Costs Determination
Outcome: Costs awarded to the First Respondent (Department) in the sum of $3,040.
Legal Topics: ['costs Following the Event' 'boundary Determination Appeal' 'self Represented Litigant' 'class 3 Proceedings']

['costs' 'property Law'] ['costs Following the Event' 'boundary Determination Appeal' 'self Represented Litigant' 'class 3 Proceedings']

Case Brief

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Procedural Posture

Appeal Class 3 / Post Judgment Costs Determination

Legal Issues

1 ['Whether the general rule that costs follow the event applies to this Class 3 appeal against a boundary determination' 'Whether any variation should be made to a costs order due to the applicant being self-represented and suffering financial and emotional stress']

Ratio Decidendi

The Department, as the successful party in the appeal, is entitled to its costs following the general rule, and since it only seeks a limited sum, costs were ordered in that amount ($3,040).

Court Disposition

Costs awarded to the First Respondent (Department) in the sum of $3,040.

Orders

["The Applicant is to pay the First Respondent's costs in the sum of $3,040."]