FFO v Cumberland Council (No 2) [2022] NSWCATAP 264

FFO v Cumberland Council (No 2) [2022] NSWCATAP 264

Special circumstances warranting an award of costs exist because both the stay application and the appeal lacked any tenable basis or practical utility, causing the respondent unnecessary legal costs. Discretion under s 60(2) CAT Act is properly exercised in favour of awarding costs to Cumberland Council.

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Appeal / Costs Determination Following Refusal of Appeal Extension and Withdrawal of Stay Application
Outcome
Costs ordered against appellant
Legal Topics
['costs' 'appeals' 'special Circumstances Under S 60(2) Civil and Administrative Tribunal Act 2013']
['administrative Law' 'civil Procedure'] ['costs' 'appeals' 'special Circumstances Under S 60(2) Civil and Administrative Tribunal Act 2013']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Refusal of Appeal Extension and Withdrawal of Stay Application

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013 in the context of an appeal and withdrawn stay application.']

Ratio Decidendi

Special circumstances warranting an award of costs exist because both the stay application and the appeal lacked any tenable basis or practical utility, causing the respondent unnecessary legal costs. Discretion under s 60(2) CAT Act is properly exercised in favour of awarding costs to Cumberland Council.

Court Disposition

Costs ordered against appellant

Orders

  • ['FFO is to pay the costs of the Council in relation to the application for a stay filed on 18 January 2022 in this matter to be agreed or assessed.' 'FFO is to pay the costs of the Council in relation to this appeal to be agreed or assessed.']