Liang v University of Technology, Sydney [2019] NSWCATAP 17

Liang v University of Technology, Sydney [2019] NSWCATAP 17

Special circumstances warranted an award of costs because the appellant's appeal grounds were all without substance, she conducted the proceedings in a way that unnecessarily disadvantaged the respondents through lengthy, generalised, nonsensical or irrelevant submissions, and she raised scandalous matters. The Calderbank offer in the proceedings under appeal did not determine appeal costs, and costs of the proceedings under appeal should be sought in the Consumer and Commercial Division. In the exercise of discretion, the appellant ought to pay the respondents' costs of the appeal as agreed or assessed.

Jurisdiction
Australia
Judgment Date
14 January 2019
Procedural Posture
Costs Application in NCAT Appeal Panel Proceedings / Determined on the Papers After Leave to Appeal Was Refused and the Appeal Dismissed
Outcome
The appellant was ordered to pay the respondents' costs as agreed or assessed.
Legal Topics
['special Circumstances Warranting Costs' 'ncat Costs Discretion' 'costs of Appeal' 'calderbank Offer' 'unmeritorious Appeal']
['costs' 'civil Procedure' 'administrative Law'] ['special Circumstances Warranting Costs' 'ncat Costs Discretion' 'costs of Appeal' 'calderbank Offer' 'unmeritorious Appeal']

Case Brief

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Procedural Posture

Costs Application in NCAT Appeal Panel Proceedings / Determined on the Papers After Leave to Appeal Was Refused and the Appeal Dismissed

Legal Issues

  1. 1 ['Whether the costs issue should be determined on the papers without a hearing under Civil and Administrative Tribunal Act 2013 (NSW), s 50(2).' 'Whether the Appeal Panel should determine costs of the proceedings under appeal, GEN 18/07468, as well as costs of the appeal.' 'Whether a Calderbank offer made in the proceedings under appeal was relevant to costs of the appeal.' 'Whether there were special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether, if special circumstances existed, the discretion to award costs should be exercised in favour of the respondents.']

Ratio Decidendi

Special circumstances warranted an award of costs because the appellant's appeal grounds were all without substance, she conducted the proceedings in a way that unnecessarily disadvantaged the respondents through lengthy, generalised, nonsensical or irrelevant submissions, and she raised scandalous matters. The Calderbank offer in the proceedings under appeal did not determine appeal costs, and costs of the proceedings under appeal should be sought in the Consumer and Commercial Division. In the exercise of discretion, the appellant ought to pay the respondents' costs of the appeal as agreed or assessed.

Court Disposition

The appellant was ordered to pay the respondents' costs as agreed or assessed.

Orders

  • ["The appellant is to pay the respondent's costs as agreed or as assessed."]