Forbes v Spratt [2022] NSWCATAP 13

Forbes v Spratt [2022] NSWCATAP 13

The appellant's late withdrawal of an appeal from consent orders, combined with his repeated failures to comply with Tribunal orders and procedural directions, failure to notify the respondents of his intention to withdraw, failure to explain his conduct, and failure to respond to the costs application, amounted to an effective surrender and constituted special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an order that he pay the respondents' costs of the appeal.

Jurisdiction
Australia
Judgment Date
19 January 2022
Procedural Posture
Application for Costs of an Internal Appeal in Residential Tenancy Proceedings / Appeal Panel; Appeal Withdrawn and Dismissed; Costs Determined on Written Submissions
Outcome
Respondents' application for costs allowed.
Legal Topics
['costs of Appeal' 'withdrawal of Appeal' 'special Circumstances for Costs' 'failure to Comply With Tribunal Orders and Directions']
['civil Procedure' 'costs' 'residential Tenancy'] ['costs of Appeal' 'withdrawal of Appeal' 'special Circumstances for Costs' 'failure to Comply With Tribunal Orders and Directions']

Case Brief

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Procedural Posture

Application for Costs of an Internal Appeal in Residential Tenancy Proceedings / Appeal Panel; Appeal Withdrawn and Dismissed; Costs Determined on Written Submissions

Legal Issues

  1. 1 ["Whether an oral hearing of the respondents' application for costs should be dispensed with." 'Whether special circumstances warranted an award of costs against the appellant after he withdrew the appeal before a hearing on the merits.' "Whether the appellant's withdrawal of the appeal was effectively a surrender or capitulation justifying a costs order."]

Ratio Decidendi

The appellant's late withdrawal of an appeal from consent orders, combined with his repeated failures to comply with Tribunal orders and procedural directions, failure to notify the respondents of his intention to withdraw, failure to explain his conduct, and failure to respond to the costs application, amounted to an effective surrender and constituted special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an order that he pay the respondents' costs of the appeal.

Court Disposition

Respondents' application for costs allowed.

Orders

  • ["An oral hearing of the respondents' application for costs of the appeal is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)." "The appellant is to pay the respondents' costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the Civil and Administrative...