Singh v Khan [2019] NSWCATAP 45

Singh v Khan [2019] NSWCATAP 45

The appellant's failure to identify a sensible basis for appeal and failure to comply with directions constituted special circumstances warranting a costs order under s 60(2) of the NCAT Act. The appellant demonstrated a lack of substance in the appeal and non-compliance with Tribunal duties, making the costs order appropriate regardless of the application of rule 38(2)(b).

Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Internal Appeal / Costs Decision Following Determination of Leave to Appeal
Outcome
Costs order against appellant
Legal Topics
['costs in Internal Appeals' 'special Circumstances for Costs' 'application of S 60 NCAT Act' 'rule 38/38 a of NCAT Rules']
['tribunal Procedure' 'costs'] ['costs in Internal Appeals' 'special Circumstances for Costs' 'application of S 60 NCAT Act' 'rule 38/38 a of NCAT Rules']

Case Brief

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Procedural Posture

Internal Appeal / Costs Decision Following Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether costs order should be made against the appellant in internal appeal' "Whether rule 38(2)(b) or 'special circumstances' governs awarding of costs"]

Ratio Decidendi

The appellant's failure to identify a sensible basis for appeal and failure to comply with directions constituted special circumstances warranting a costs order under s 60(2) of the NCAT Act. The appellant demonstrated a lack of substance in the appeal and non-compliance with Tribunal duties, making the costs order appropriate regardless of the application of rule 38(2)(b).

Court Disposition

Costs order against appellant

Orders

  • ['The hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.' "The appellant is to pay the respondents' costs of the appeal as agreed or assessed."]