McEwan v Port Stephens Council (No. 2) [2022] NSWCATAD 308

McEwan v Port Stephens Council (No. 2) [2022] NSWCATAD 308

Special circumstances exist under s 60 of the NCAT Act to warrant a costs order because the applicant pursued a misconceived and hopeless application for improper purpose (including attempting to relitigate matters and making irrelevant, unsupported allegations), and failed to comply with Tribunal duties, thereby causing unnecessary costs for the respondent. Costs are to be compensatory rather than punitive and are ordered as agreed or assessed.

Jurisdiction
Australia
Judgment Date
20 September 2022
Procedural Posture
Administrative Law; Costs Application / Post Substantive Judgment, Determination of Costs Order on the Papers
Outcome
Costs order made against applicant.
Legal Topics
['costs' 'civil Procedure' 'review of Tribunal Decisions' 'government Information (public Access) Act Applications' 'abuse of Process']
['administrative Law'] ['costs' 'civil Procedure' 'review of Tribunal Decisions' 'government Information (public Access) Act Applications' 'abuse of Process']

Case Brief

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Procedural Posture

Administrative Law; Costs Application / Post Substantive Judgment, Determination of Costs Order on the Papers

Legal Issues

  1. 1 ['Whether special circumstances exist under s 60 Civil and Administrative Tribunal Act 2013 (NSW) to warrant a costs order against the applicant in the Miscellaneous Application regarding non-publication orders.']

Ratio Decidendi

Special circumstances exist under s 60 of the NCAT Act to warrant a costs order because the applicant pursued a misconceived and hopeless application for improper purpose (including attempting to relitigate matters and making irrelevant, unsupported allegations), and failed to comply with Tribunal duties, thereby causing unnecessary costs for the respondent. Costs are to be compensatory rather than punitive and are ordered as agreed or assessed.

Court Disposition

Costs order made against applicant.

Orders

  • ["The applicant is to pay the respondent's costs of the Miscellaneous Application as agreed or assessed."]