FHH v Port Stephens Council (No 2) [2023] NSWCATAP 282

FHH v Port Stephens Council (No 2) [2023] NSWCATAP 282

Special circumstances exist justifying a costs order against the Appellants, notwithstanding their self-representation, because their appeal grounds were misconceived, baseless, and involved unsubstantiated and irrelevant allegations, warranting departure from the usual rule as per s 60 of the NCAT Act. However, a fixed sum costs order was refused due to insufficient material for a fair and confident assessment.

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Appeal / Costs Application After Dismissal of Appeal
Outcome
Orders made; costs awarded against Appellants (to be agreed or assessed)
Legal Topics
['costs—special Circumstances' 'self Represented Parties' 'privacy—personal Information Protection Act']
['administrative Law' 'costs'] ['costs—special Circumstances' 'self Represented Parties' 'privacy—personal Information Protection Act']

Case Brief

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Procedural Posture

Appeal / Costs Application After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether hearing of the costs application should be dispensed with' 'Whether special circumstances exist warranting award of costs against self-represented appellants' 'Whether lump sum (fixed sum) costs order should be made']

Ratio Decidendi

Special circumstances exist justifying a costs order against the Appellants, notwithstanding their self-representation, because their appeal grounds were misconceived, baseless, and involved unsubstantiated and irrelevant allegations, warranting departure from the usual rule as per s 60 of the NCAT Act. However, a fixed sum costs order was refused due to insufficient material for a fair and confident assessment.

Court Disposition

Orders made; costs awarded against Appellants (to be agreed or assessed)

Orders

  • ['Order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) that the hearing of the application for costs be dispensed with.' "Order that the Appellants pay the Respondent's costs of and relating to the appeal as agreed or assessed."]