Military Tours Australia Pty Ltd v Samuels [2015] NSWCATAP 229

No special circumstances were established by the Samuels to justify an award of costs under s 60; withdrawal of appeal did not warrant an exception to the ordinary costs rule.

Jurisdiction: Australia
Judgment Date: 22 October 2015
Procedural Posture: Civil Appeal / Costs Hearing After Appeal Withdrawal
Outcome: application for costs dismissed
Legal Topics: ['costs of Appeal' 'special Circumstances' 'tribunal Jurisdiction']

['civil Procedure'] ['costs of Appeal' 'special Circumstances' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Civil Appeal / Costs Hearing After Appeal Withdrawal

Legal Issues

1 ['Whether special circumstances exist to warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013' 'Whether the conduct of Military Tours Australia Pty Ltd in the original proceedings and appeal justifies a costs order' 'Whether withdrawal of appeal constitutes special circumstances for costs']

Ratio Decidendi

No special circumstances were established by the Samuels to justify an award of costs under s 60; withdrawal of appeal did not warrant an exception to the ordinary costs rule.

Court Disposition

application for costs dismissed

Orders

['The application for costs by Mr and Mrs Samuels is dismissed.']