Monument Building Group Pty Ltd v Kapila (No. 2) [2021] NSWCATAP 339

Monument Building Group Pty Ltd v Kapila (No. 2) [2021] NSWCATAP 339

There are no special circumstances demonstrated to enliven the discretion to award costs under s 60 of the NCAT Act; even if special circumstances existed, the prior order precludes recovery of legal costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Appeal / Costs Determination After Appeal Dismissed
Outcome
Respondent’s application for costs dismissed
Legal Topics
['costs on Appeal' 'special Circumstances' 'legal Representation and Costs Recovery']
['costs'] ['costs on Appeal' 'special Circumstances' 'legal Representation and Costs Recovery']

Source-derived case record

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Procedural Posture

Appeal / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 ['Whether special circumstances exist to justify an award of costs on appeal' 'Effect of order restricting legal costs recovery']

Ratio Decidendi

There are no special circumstances demonstrated to enliven the discretion to award costs under s 60 of the NCAT Act; even if special circumstances existed, the prior order precludes recovery of legal costs.

Court Disposition

Respondent’s application for costs dismissed

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispense with a hearing on the question of costs.' 'The respondent’s application for costs of the appeal is dismissed.']