Polovin v Miller (No 2) [2015] NSWCATAP 116

Polovin v Miller (No 2) [2015] NSWCATAP 116

The appellant was not entitled to costs because s 60 of the Civil and Administrative Tribunal Act 2013 makes each party bear its own costs unless special circumstances warrant an award. The appellant's submissions were based on an incorrect costs-follow-the-event premise, failed to address the s 60 criteria, did not establish special circumstances, and the appellant was not completely successful in the appeal.

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Civil and Administrative Tribunal Internal Appeal Costs Application / Appeal Panel Decision on the Papers After Appeal Allowed in Part
Outcome
No order as to costs; the appellant's application for costs was dismissed.
Legal Topics
['ncat Costs Discretion' 'special Circumstances for Costs' 'internal Appeal' 'decision on the Papers']
['civil Procedure' 'costs' 'administrative Law' 'home Building'] ['ncat Costs Discretion' 'special Circumstances for Costs' 'internal Appeal' 'decision on the Papers']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil and Administrative Tribunal Internal Appeal Costs Application / Appeal Panel Decision on the Papers After Appeal Allowed in Part

Legal Issues

  1. 1 ['Whether the appellant should be awarded costs of the appeal after the appeal was allowed in part.' 'Whether the question of costs should be determined on the papers or by oral hearing.' 'Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 warranted an award of costs.']

Ratio Decidendi

The appellant was not entitled to costs because s 60 of the Civil and Administrative Tribunal Act 2013 makes each party bear its own costs unless special circumstances warrant an award. The appellant's submissions were based on an incorrect costs-follow-the-event premise, failed to address the s 60 criteria, did not establish special circumstances, and the appellant was not completely successful in the appeal.

Court Disposition

No order as to costs; the appellant's application for costs was dismissed.

Orders

  • ["The appellant's application for costs is dismissed."]