Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 194

Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 194

The Tribunal was not satisfied that special circumstances existed to warrant departing from the general rule that each party bear its own costs. The circumstances in this matter were not out of the ordinary and the Respondent was entitled to test the Applicant’s evidence. Costs are therefore not awarded.

Parties
Applicant: Sabrina Sarkees; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Administrative Review Licensing / Costs Application Following Substantive Decision
Outcome
Application for costs dismissed
Legal Topics
Licensing, Real Estate Agent, Costs
Administrative Law Licensing Real Estate Agent Costs

Case Brief

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Parties

Sabrina Sarkees

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review Licensing / Costs Application Following Substantive Decision

Legal Issues

  1. 1 Whether special circumstances exist to warrant an order for costs in NCAT administrative review proceedings

Ratio Decidendi

The Tribunal was not satisfied that special circumstances existed to warrant departing from the general rule that each party bear its own costs. The circumstances in this matter were not out of the ordinary and the Respondent was entitled to test the Applicant’s evidence. Costs are therefore not awarded.

Court Disposition

Application for costs dismissed

Orders

  • An oral hearing on the issue of costs is dispensed with under section 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The Applicant's application for costs is dismissed.