Hacienda Caravan Park Pty Ltd v Howarde (No 2) [2016] NSWCATAP 152

Hacienda Caravan Park Pty Ltd v Howarde (No 2) [2016] NSWCATAP 152

The Appeal Panel was not satisfied that special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013. The respondents' unsuccessful arguments did not make the appeal out of the ordinary or establish that their case was untenable, and their attempted tender of evidence did not unreasonably prolong the appeal because the hearing was completed in the time allowed. The usual position that each party pays its own costs was therefore not displaced.

Jurisdiction
Australia
Judgment Date
20 July 2016
Procedural Posture
Costs of Appeal / Appeal Panel Determination on the Papers After Appeal Allowed
Outcome
The appellant's application for costs was dismissed and there was no order as to costs.
Legal Topics
['costs of Appeal' 'special Circumstances' 'ncat Act S 60' 'residential Parks Jurisdiction']
['civil Procedure' 'administrative Law' 'tribunal Procedure' 'costs'] ['costs of Appeal' 'special Circumstances' 'ncat Act S 60' 'residential Parks Jurisdiction']

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Procedural Posture

Costs of Appeal / Appeal Panel Determination on the Papers After Appeal Allowed

Legal Issues

  1. 1 ["Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 warranted an order that the respondents pay the appellant's costs of the appeal." "Whether the relative strength of the appellant's appeal and the respondents' arguments established special circumstances." 'Whether the respondents unreasonably prolonged the appeal by seeking to rely on evidence rejected or not admitted below.']

Ratio Decidendi

The Appeal Panel was not satisfied that special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013. The respondents' unsuccessful arguments did not make the appeal out of the ordinary or establish that their case was untenable, and their attempted tender of evidence did not unreasonably prolong the appeal because the hearing was completed in the time allowed. The usual position that each party pays its own costs was therefore not displaced.

Court Disposition

The appellant's application for costs was dismissed and there was no order as to costs.

Orders

  • ["The appellant's application for costs is dismissed." 'There is no order as to costs.']