O’Keefe v Integral Corporate Property Pty Ltd (No 2) [2020] NSWCATAP 117

No special circumstances exist to justify a departure from the default position that each party bears its own costs; Appellant's claims were not lacking in substance, misconceived or untenable, and the value of any alleged equitable interest did not constitute a special circumstance.

Parties: Appellant: Graham O'Keefe; Respondent: Integral Corporate Property Pty Ltd
Jurisdiction: Australia
Judgment Date: 22 June 2020
Procedural Posture: Internal Appeal / Decision on Costs Application After Dismissal of Appeal
Outcome: Application for costs dismissed; no order as to costs of the appeal.
Legal Topics: Costs, Special Circumstances, NCAT Procedure

Civil Procedure Costs Special Circumstances NCAT Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Graham O'Keefe

Appellant

Integral Corporate Property Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Decision on Costs Application After Dismissal of Appeal

Legal Issues

1 Whether a hearing of the costs application should be dispensed with under s.50(2) of the Civil and Administrative Tribunal Act 2013
2 What statutory provisions govern the costs application
3 Whether special circumstances exist justifying a costs order under s.60 of the Civil and Administrative Tribunal Act 2013

Ratio Decidendi

Court Disposition

Application for costs dismissed; no order as to costs of the appeal.

Orders

Order pursuant to s.50(2) of the Civil and Administrative Tribunal Act 2013, dispensing with a hearing of the application for costs.
No order as to costs of the appeal.