Yammatree Pty Ltd (Applicant); North West Local Land Service (Respondent) [2015] NSWCATAD 221

Yammatree Pty Ltd (Applicant); North West Local Land Service (Respondent) [2015] NSWCATAD 221

Special circumstances warranted an award of costs because the Appellant continued to prosecute proceedings that should have become apparent to be futile after the Respondent served its material and after the Respondent's 1 September 2014 offer to withdraw with each party bearing its own costs. The Appellant's success on the jurisdictional issue did not alter the futility of the proceedings, and the Respondent's timing in bringing the costs application was not so delayed as to prevent a costs order. The Appellant was therefore to pay the Respondent's costs from the time it received the 1 September 2014 letter, as agreed or assessed.

Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Costs Application in Tribunal Proceedings Following an Administrative Appeal Under the Local Land Services Act 2013 / Post Decision Costs Determination After Dismissal of the Appeal
Outcome
Costs awarded in favour of the Respondent.
Legal Topics
['costs in Ncat' 'special Circumstances' 'offers to Settle' 'guiding Principle' 'assessment of Costs']
['administrative Law' 'civil Procedure' 'costs'] ['costs in Ncat' 'special Circumstances' 'offers to Settle' 'guiding Principle' 'assessment of Costs']

Case Brief

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Procedural Posture

Costs Application in Tribunal Proceedings Following an Administrative Appeal Under the Local Land Services Act 2013 / Post Decision Costs Determination After Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether there were special circumstances under section 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs against the Appellant.' "Whether the Appellant's continued prosecution of the proceedings was futile, misconceived or lacking in substance." "Whether the Respondent's offer to settle and correspondence putting the Appellant on notice of costs should be considered in determining special circumstances." 'Whether any delay by the Respondent in bringing the costs application should prevent an award of costs.' 'From what time and on what basis any costs should be payable.']

Ratio Decidendi

Special circumstances warranted an award of costs because the Appellant continued to prosecute proceedings that should have become apparent to be futile after the Respondent served its material and after the Respondent's 1 September 2014 offer to withdraw with each party bearing its own costs. The Appellant's success on the jurisdictional issue did not alter the futility of the proceedings, and the Respondent's timing in bringing the costs application was not so delayed as to prevent a costs order. The Appellant was therefore to pay the Respondent's costs from the time it received the 1 September 2014 letter, as agreed or assessed.

Court Disposition

Costs awarded in favour of the Respondent.

Orders

  • ["That the Appellant is to pay the Respondent's costs of the proceedings from the time it received the Respondent's letter of 1 September 2014, as agreed between the parties or as assessed."]