Latimer v Latimer (No 2) [2022] NSWCATAP 190

Latimer v Latimer (No 2) [2022] NSWCATAP 190

The appeal proceedings did not involve a claim or dispute for an amount exceeding $30,000, so Rules 38 and 38A did not displace the need for special circumstances. Although the Appellants succeeded on the appeal, the Respondent's conduct in the appeal did not unnecessarily disadvantage them, the relative strength of the parties' cases was not so disparate as to be out of the ordinary, the proceedings had some factual complexity, the Respondent's claims could not be said to lack substance, and his filing of some irrelevant material as a self-represented party was not sufficiently significant. Other matters relied on by the Appellants concerned issues not properly before the Appeal Panel....

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Costs Application in an Appeal / Appeal Panel Determination on the Papers After Appeal Upheld
Outcome
The Appellants' application for an order that the Respondent pay their costs of the appeal was dismissed.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs' 'consumer and Commercial Division Proceedings' 'residential Tenancy Occupation Status']
['civil Procedure' 'residential Tenancies'] ['costs of Appeal' 'special Circumstances for Costs' 'consumer and Commercial Division Proceedings' 'residential Tenancy Occupation Status']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application in an Appeal / Appeal Panel Determination on the Papers After Appeal Upheld

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with and the costs application determined on the papers.' 'Whether there were special circumstances warranting an award of costs of the appeal to the Appellants under s 60 of the Civil & Administrative Tribunal Act 2013 (NSW).' 'Whether Rules 38 and 38A of the Civil & Administrative Tribunal Rules 2014 permitted a costs award without special circumstances because the amount claimed or in dispute exceeded $30,000.' 'Whether indemnity costs should be considered if costs were otherwise awarded.']

Ratio Decidendi

The appeal proceedings did not involve a claim or dispute for an amount exceeding $30,000, so Rules 38 and 38A did not displace the need for special circumstances. Although the Appellants succeeded on the appeal, the Respondent's conduct in the appeal did not unnecessarily disadvantage them, the relative strength of the parties' cases was not so disparate as to be out of the ordinary, the proceedings had some factual complexity, the Respondent's claims could not be said to lack substance, and his filing of some irrelevant material as a self-represented party was not sufficiently significant. Other matters relied on by the Appellants concerned issues not properly before the Appeal Panel....

Court Disposition

The Appellants' application for an order that the Respondent pay their costs of the appeal was dismissed.

Orders

  • ['A hearing on costs is dispensed with.' "The Appellants' application for an order for costs of the appeal to be paid by the Respondent is dismissed."]