GNZ Enterprises Pty Ltd v Carmody [2018] NSWCATAP 287

GNZ Enterprises Pty Ltd v Carmody [2018] NSWCATAP 287

The respondents did not establish special circumstances warranting an order for costs of the appeal. The appellant's conduct of the appeal substantially complied with directions, was generally unremarkable, did not disadvantage the respondents or prolong the proceedings, and the dismissed appeal and refusal of leave did not of themselves make the appeal unarguable, frivolous or vexatious. The costs application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Application for Costs of an Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 / Determined on the Papers After the Appeal Was Dismissed on 15 October 2018
Outcome
Application for costs dismissed.
Legal Topics
['ncat Appeal Costs' 'special Circumstances' 'dispensing With a Hearing' 'consumer and Commercial Division Appeal']
['civil Procedure' 'costs' 'administrative Law'] ['ncat Appeal Costs' 'special Circumstances' 'dispensing With a Hearing' 'consumer and Commercial Division Appeal']

Case Brief

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Procedural Posture

Application for Costs of an Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 / Determined on the Papers After the Appeal Was Dismissed on 15 October 2018

Legal Issues

  1. 1 ['Should a hearing on costs be dispensed with?' 'What provisions apply to the costs application?' 'What should be considered in the costs application?' 'What legal principles are relevant to the costs application?' 'Have the respondents established that there are special circumstances that warrant an order for costs?' 'If so, on what basis should the costs order be made?']

Ratio Decidendi

The respondents did not establish special circumstances warranting an order for costs of the appeal. The appellant's conduct of the appeal substantially complied with directions, was generally unremarkable, did not disadvantage the respondents or prolong the proceedings, and the dismissed appeal and refusal of leave did not of themselves make the appeal unarguable, frivolous or vexatious. The costs application was therefore dismissed.

Court Disposition

Application for costs dismissed.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' 'The application for costs is dismissed.']