Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84

Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84

The Appeal Panel dispensed with a hearing because the costs issue could be adequately determined on the written submissions and a further hearing would be inconsistent with the guiding principle by adding unnecessary cost and delay. The Panel held that s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), rather than r 38, governed costs because the appeal was not properly characterised as involving a claim for payment of more than $30,000. Special circumstances were established by the cumulative effect of the weakness, lack of substance and lack of precision of the appeal grounds, warranting an order that Mr Murphy pay the respondent's costs as agreed or assessed. Indemnity costs...

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Costs Decision in an Internal Appeal / Appeal Panel Determination on the Papers After Dismissal of the Appellant's Two Appeals
Outcome
Costs awarded to the respondent on the ordinary basis as agreed or as assessed; hearing on costs dispensed with; indemnity costs and gross costs order refused.
Legal Topics
['dispensing With a Hearing' 'costs in NCAT Appeals' 'special Circumstances for Costs' 'indemnity Costs' 'gross Sum Costs Orders']
['administrative Law' 'civil Procedure' 'costs'] ['dispensing With a Hearing' 'costs in NCAT Appeals' 'special Circumstances for Costs' 'indemnity Costs' 'gross Sum Costs Orders']

Case Brief

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Procedural Posture

Costs Decision in an Internal Appeal / Appeal Panel Determination on the Papers After Dismissal of the Appellant's Two Appeals

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with and the costs application determined on the papers.' 'Whether costs were governed by r 38 of the NCAT Rules or s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether special circumstances warranted an award of costs against the appellant.' 'Whether costs should be awarded on an indemnity basis.' 'Whether a gross sum costs order should be made.']

Ratio Decidendi

The Appeal Panel dispensed with a hearing because the costs issue could be adequately determined on the written submissions and a further hearing would be inconsistent with the guiding principle by adding unnecessary cost and delay. The Panel held that s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), rather than r 38, governed costs because the appeal was not properly characterised as involving a claim for payment of more than $30,000. Special circumstances were established by the cumulative effect of the weakness, lack of substance and lack of precision of the appeal grounds, warranting an order that Mr Murphy pay the respondent's costs as agreed or assessed. Indemnity costs...

Court Disposition

Costs awarded to the respondent on the ordinary basis as agreed or as assessed; hearing on costs dispensed with; indemnity costs and gross costs order refused.

Orders

  • ['A hearing on the issue of costs is dispensed with.' "The appellant is pay the respondent's costs as agreed or as assessed."]