Independent Liquor & Gaming Authority v Hurlstone Park Hotel Operations Pty Ltd (No. 2) [2025] NSWCATAP 26

Independent Liquor & Gaming Authority v Hurlstone Park Hotel Operations Pty Ltd (No. 2) [2025] NSWCATAP 26

The Tribunal was not satisfied that HPHO Pty Ltd established special circumstances warranting a departure from the usual rule that parties bear their own costs under s 60(1) of the NCAT Act. Even if special circumstances were present, the Tribunal would not exercise its discretion to make a costs order due to the multiplicity of proceedings and shared legal representation. Accordingly, all parties are to bear their own costs.

Parties
Appellant: Independent Liquor and Gaming Authority; First Respondent: Hurlstone Park Hotel Operations Pty Ltd; Second Respondent: Mark Leonard James Orr
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Appeal / Decision on Costs
Outcome
Application for costs dismissed; each party to bear own costs.
Legal Topics
Costs, Special Circumstances for Costs, Appeal Procedure
Administrative Law Costs Special Circumstances for Costs Appeal Procedure

Case Brief

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Parties

Independent Liquor and Gaming Authority

Appellant

Hurlstone Park Hotel Operations Pty Ltd

First Respondent

Mark Leonard James Orr

Second Respondent

Procedural Posture

Appeal / Decision on Costs

Legal Issues

  1. 1 Whether special circumstances justified a costs order in favour of the unsuccessful party under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether the late raising of a jurisdictional issue warranted a departure from the usual costs rule

Ratio Decidendi

The Tribunal was not satisfied that HPHO Pty Ltd established special circumstances warranting a departure from the usual rule that parties bear their own costs under s 60(1) of the NCAT Act. Even if special circumstances were present, the Tribunal would not exercise its discretion to make a costs order due to the multiplicity of proceedings and shared legal representation. Accordingly, all parties are to bear their own costs.

Court Disposition

Application for costs dismissed; each party to bear own costs.

Orders

  • In proceedings 2023/00035087 the respondent's application for costs is dismissed, with the intent that all parties bear their own costs in those proceedings.
  • In proceedings 2024/00305927, there is no order as to costs, with the intent that all parties bear their own costs in those proceedings.