Plath v Snowy Monaro Regional Council [2019] NSWCATAP 212

Plath v Snowy Monaro Regional Council [2019] NSWCATAP 212

There are no special circumstances warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 as the appellant's claim was not so lacking in substance to be misconceived and the Tribunal's general approach is that each party bears its own costs.

Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Respondent's application for costs order dismissed
Legal Topics
['costs' 'tribunal Procedure' 'special Circumstances for Costs Orders']
['administrative Law' 'civil Procedure'] ['costs' 'tribunal Procedure' 'special Circumstances for Costs Orders']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant a costs order against the appellant under s 60(2) of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

There are no special circumstances warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 as the appellant's claim was not so lacking in substance to be misconceived and the Tribunal's general approach is that each party bears its own costs.

Court Disposition

Respondent's application for costs order dismissed

Orders

  • ['A hearing on the question of costs is dispensed with' "The respondent's application for a costs order is dismissed"]