Pozo v Willtip Pty Ltd [2021] NSWCATAP 381

Pozo v Willtip Pty Ltd [2021] NSWCATAP 381

The appeal was withdrawn and no special circumstances as required by s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) were established by the respondent to justify a departure from the default rule that each party should pay their own costs.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Appeal / Costs Application Following Withdrawal of Appeal
Outcome
Application for costs dismissed; hearing dispensed with.
Legal Topics
['special Circumstances for Award of Costs' 'withdrawal of Appeal' 'residential Tenancy' 'internal Appeal']
['costs'] ['special Circumstances for Award of Costs' 'withdrawal of Appeal' 'residential Tenancy' 'internal Appeal']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Withdrawal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) when the appeal is withdrawn']

Ratio Decidendi

The appeal was withdrawn and no special circumstances as required by s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) were established by the respondent to justify a departure from the default rule that each party should pay their own costs.

Court Disposition

Application for costs dismissed; hearing dispensed with.

Orders

  • ["Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), order that a hearing of the respondent's application that the appellant pay the respondent's costs of the appeal be dispensed with." 'The application for costs order made by the respondent is dismissed.']