Dawood v Master Wealth Control Pty Ltd t/as DG Institute (No 2) [2019] NSWCATAP 295

Dawood v Master Wealth Control Pty Ltd t/as DG Institute (No 2) [2019] NSWCATAP 295

The Appeal Panel determined that there were no special circumstances that would justify an award of costs, as the appeal was not frivolous, vexatious, misconceived, or entirely lacking in substance, and the appellant's conduct did not take the matter out of the ordinary course despite being unsuccessful.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Appeal / Post Appeal Costs Determination
Outcome
Application for a costs order dismissed, hearing on costs dispensed with
Legal Topics
['costs' 'special Circumstances in Costs Awards']
['civil Procedure'] ['costs' 'special Circumstances in Costs Awards']

Case Brief

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Procedural Posture

Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs']

Ratio Decidendi

The Appeal Panel determined that there were no special circumstances that would justify an award of costs, as the appeal was not frivolous, vexatious, misconceived, or entirely lacking in substance, and the appellant's conduct did not take the matter out of the ordinary course despite being unsuccessful.

Court Disposition

Application for a costs order dismissed, hearing on costs dispensed with

Orders

  • ['Pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the application for costs is dispensed with.' 'The application for a costs order made by the respondent is dismissed.']