Sahade v Owners SP No 62022 [2015] NSWCATAP 225

Sahade v Owners SP No 62022 [2015] NSWCATAP 225

The Appeal Panel was not satisfied that the appeal proceedings demonstrated special circumstances warranting an award of costs. The respondents' grounds, including prior and subsequent proceedings, conduct during the appeal, and alleged complexity, did not meet the threshold required to depart from the general rule that each party pays its own costs.

Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Appeal / Application for Costs Following Dismissal of Appeal
Outcome
Respondents' application for costs dismissed; each party to pay their own costs
Legal Topics
['special Circumstances' 'powers of Tribunal Regarding Costs' 'relevance of Previous and Future Proceedings']
['costs'] ['special Circumstances' 'powers of Tribunal Regarding Costs' 'relevance of Previous and Future Proceedings']

Case Brief

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Procedural Posture

Appeal / Application for Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013' 'Whether the conduct of the appeal proceedings or matters arising before, during, or after the appeal constitute such circumstances']

Ratio Decidendi

The Appeal Panel was not satisfied that the appeal proceedings demonstrated special circumstances warranting an award of costs. The respondents' grounds, including prior and subsequent proceedings, conduct during the appeal, and alleged complexity, did not meet the threshold required to depart from the general rule that each party pays its own costs.

Court Disposition

Respondents' application for costs dismissed; each party to pay their own costs

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, the Appeal Panel dispenses with a hearing.' "The respondents' application for costs is dismissed." 'Each party is to pay their own costs.']