McEwan v Port Stephens Council (No 2) [2022] NSWCATAP 386

McEwan v Port Stephens Council (No 2) [2022] NSWCATAP 386

The respondent failed to establish special circumstances warranting departure from the presumption that each party pays their own costs. The factors advanced by the respondent—lack of merit in the appeal, allegations of vexatiousness, and abuse of process—were not made out on the facts or based on findings in the Principal Decision. The appellant did not establish apprehension of bias, as the comments by the Panel were consistent with ordinary judicial practice and did not demonstrate prejudgment.

Jurisdiction
Australia
Judgment Date
13 December 2022
Procedural Posture
Appeal / Determination of Costs Application After Dismissal of Appeal
Outcome
Application for costs dismissed; no order as to costs. Hearing on costs dispensed with.
Legal Topics
['costs' 'appeal' 'apprehension of Bias']
['tribunal Procedure' 'administrative Law'] ['costs' 'appeal' 'apprehension of Bias']

Case Brief

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Procedural Posture

Appeal / Determination of Costs Application After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether there are special circumstances justifying an award of costs under s 60(2) of the NCAT Act' 'Whether Apprehension of bias existed due to comments by the Appeal Panel']

Ratio Decidendi

The respondent failed to establish special circumstances warranting departure from the presumption that each party pays their own costs. The factors advanced by the respondent—lack of merit in the appeal, allegations of vexatiousness, and abuse of process—were not made out on the facts or based on findings in the Principal Decision. The appellant did not establish apprehension of bias, as the comments by the Panel were consistent with ordinary judicial practice and did not demonstrate prejudgment.

Court Disposition

Application for costs dismissed; no order as to costs. Hearing on costs dispensed with.

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The application for costs is dismissed.']