Kelly v Szatow [2018] NSWCATOD 64

Kelly v Szatow [2018] NSWCATOD 64

Special circumstances warranted an award of costs from 16 January 2018 because, after the Respondents provided submissions putting Mr Kelly on notice that the Tribunal lacked jurisdiction, the inevitable outcome was dismissal, the applications lacked merit, and continuing them was an abuse of process causing the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Applications for Costs Following Dismissal of Applications Seeking Disqualification From Civic Office Under the Local Government Act 1993 (nsw) / Determined on the Papers After Substantive Applications Were Dismissed for Lack of Jurisdiction
Outcome
Costs awarded to each Respondent from 16 January 2018 on a party/party basis; indemnity costs refused.
Legal Topics
['ncat Costs' 'special Circumstances' 'jurisdiction' 'standing' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'indemnity Costs' 'party/party Costs']
['administrative Law' 'local Government' 'civil Procedure' 'costs'] ['ncat Costs' 'special Circumstances' 'jurisdiction' 'standing' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'indemnity Costs' 'party/party Costs']

Source-derived case record

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Procedural Posture

Applications for Costs Following Dismissal of Applications Seeking Disqualification From Civic Office Under the Local Government Act 1993 (nsw) / Determined on the Papers After Substantive Applications Were Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 ['Whether special circumstances under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranted an award of costs against the Applicant.' "Whether the Applicant's continuation of the proceedings after receiving the Respondents' jurisdiction submissions was misconceived, lacking in substance or an abuse of process." 'Whether costs should be awarded on an indemnity basis or on a party/party basis.']

Ratio Decidendi

Special circumstances warranted an award of costs from 16 January 2018 because, after the Respondents provided submissions putting Mr Kelly on notice that the Tribunal lacked jurisdiction, the inevitable outcome was dismissal, the applications lacked merit, and continuing them was an abuse of process causing the Respondents to incur costs. Indemnity costs were refused because the totality of the circumstances did not warrant that basis of costs.

Court Disposition

Costs awarded to each Respondent from 16 January 2018 on a party/party basis; indemnity costs refused.

Orders

  • ["The Applicant is to pay each of the Respondents' costs of and incidental to the proceedings from 16 January 2018 as agreed or assessed on a party/party."]