Palm Lake Resort P/L v King and Metcalfe (No 2) [2021] NSWCATAP 355

Palm Lake Resort P/L v King and Metcalfe (No 2) [2021] NSWCATAP 355

The costs application could be determined on the papers. If the ordinary costs rules applied, the respondents had achieved total success on the appeals as fought and were entitled to costs on the ordinary basis, with no basis for indemnity costs. If s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) required special circumstances, those circumstances existed because the appeals efficiently determined a commercially, personally and publicly significant issue with a paucity of authority and skilled representation assisted access to justice. However, the circumstances did not justify indemnity costs.

Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Costs Application in Appeals Concerning Residential Community Site Fee Increases / Appeal Panel Determination on the Papers After Dismissal of the Appeals
Outcome
Costs application granted in part; appellant ordered to pay respondents' costs of the appeals on the ordinary basis.
Legal Topics
['costs in NCAT Appeals' 'special Circumstances Under Civil and Administrative Tribunal Act 2013 (nsw) S 60' 'ordinary Basis Costs' 'residential Community Site Fee Increases' 'permitted Increase in Site Fees']
['civil Procedure' 'costs' 'residential Communities'] ['costs in NCAT Appeals' 'special Circumstances Under Civil and Administrative Tribunal Act 2013 (nsw) S 60' 'ordinary Basis Costs' 'residential Community Site Fee Increases' 'permitted Increase in Site Fees']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Appeals Concerning Residential Community Site Fee Increases / Appeal Panel Determination on the Papers After Dismissal of the Appeals

Legal Issues

  1. 1 ['Whether a hearing of the application for costs should be dispensed with.' 'Whether ordinary costs rules applied because the amount claimed or in dispute exceeded $30,000.' 'Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) justified a costs order if ordinary costs rules did not apply.' 'Whether the respondents should receive costs on the ordinary basis or indemnity basis.']

Ratio Decidendi

The costs application could be determined on the papers. If the ordinary costs rules applied, the respondents had achieved total success on the appeals as fought and were entitled to costs on the ordinary basis, with no basis for indemnity costs. If s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) required special circumstances, those circumstances existed because the appeals efficiently determined a commercially, personally and publicly significant issue with a paucity of authority and skilled representation assisted access to justice. However, the circumstances did not justify indemnity costs.

Court Disposition

Costs application granted in part; appellant ordered to pay respondents' costs of the appeals on the ordinary basis.

Orders

  • ['A hearing of the application for costs is dispensed with.' "Order that the appellant pay the respondents' costs of the appeals on the ordinary basis as agreed or assessed."]