Bryant v Druery [2015] NSWCATCD 57

Bryant v Druery [2015] NSWCATCD 57

Neither party established 'special circumstances' as required by s60 of the Civil and Administrative Tribunal Act 2013; thus, both parties are to bear their own costs, except for the $750 ordered for costs thrown away on 4 June 2014 due to respondent’s conduct.

Parties
Applicant: Michelle Bryant; Respondent: Craig Druery
Jurisdiction
Australia
Judgment Date
29 April 2015
Procedural Posture
Application for Costs / Post Settlement, Decision on Costs
Outcome
Applicant’s application for costs dismissed; respondent’s application for costs dismissed; respondent to pay applicant $750 for costs of hearing thrown away on 4 June 2014.
Legal Topics
Costs, Tribunal Discretion, Special Circumstances Under S60 CATA
Administrative Law Consumer Law Building and Construction Costs Tribunal Discretion Special Circumstances Under S60 CATA

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Parties

Michelle Bryant

Applicant

Craig Druery

Respondent

Procedural Posture

Application for Costs / Post Settlement, Decision on Costs

Legal Issues

  1. 1 Whether special circumstances exist to warrant an award of costs under s60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Entitlement of each party to costs following settlement of underlying dispute

Ratio Decidendi

Neither party established 'special circumstances' as required by s60 of the Civil and Administrative Tribunal Act 2013; thus, both parties are to bear their own costs, except for the $750 ordered for costs thrown away on 4 June 2014 due to respondent’s conduct.

Court Disposition

Applicant’s application for costs dismissed; respondent’s application for costs dismissed; respondent to pay applicant $750 for costs of hearing thrown away on 4 June 2014.

Orders

  • The respondent is to pay to the applicant the amount of $750.00 being costs of the hearing thrown away on 4 June 2014.
  • In the substantive application for costs the application for costs by the applicant against the respondent is dismissed.