Gartrell v Roth [2016] NSWCATAP 26

Gartrell v Roth [2016] NSWCATAP 26

Special circumstances existed warranting an award of costs for the hearings of 17 April 2015 and 13 May 2015 because the appellants conducted proceedings in a way that unnecessarily disadvantaged the respondents and unreasonably prolonged the proceedings. No order as to costs for the 23 June 2015 hearing as the appeal argument was not found to be so hopeless as to justify costs.

Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Costs partially awarded
Legal Topics
['costs on Appeal' 'special Circumstances for Costs' 'tribunal Jurisdiction']
['civil Procedure'] ['costs on Appeal' 'special Circumstances for Costs' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether there are special circumstances justifying an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

Special circumstances existed warranting an award of costs for the hearings of 17 April 2015 and 13 May 2015 because the appellants conducted proceedings in a way that unnecessarily disadvantaged the respondents and unreasonably prolonged the proceedings. No order as to costs for the 23 June 2015 hearing as the appeal argument was not found to be so hopeless as to justify costs.

Court Disposition

Costs partially awarded

Orders

  • ["The first and second appellants are to pay the respondents' costs of and incidental to the appeal hearing of 17 April 2015." "The third appellant is to pay the respondents' costs of and incidental to the appeal hearing of 13 May 2015." 'There should be no order as to the costs of the appeal hearing of 23 June 2015.']