Kida Park Pty Ltd t/as Capital Steel Buildings v Shirleena Rutten [2015] NSWCATAP 78

Kida Park Pty Ltd t/as Capital Steel Buildings v Shirleena Rutten [2015] NSWCATAP 78

No special circumstances warrant the award of costs except for the sum conceded for stationery, printing, and postage. Loss of earnings claim cannot be ordered as costs for a self-represented litigant, and costs for the expert witness report were not relevant to the appeal decision.

Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Appeal / Decision on Costs Following Dismissal of Appeal
Outcome
Costs application by Kida Park Pty Ltd t/as Capital Steel Buildings dismissed; Kida Park Pty Ltd t/as Capital Steel Buildings ordered to pay Shirleena Rutten $143.85 for stationery, printing, and postage.
Legal Topics
['costs' 'special Circumstances' 'self Represented Litigant Costs']
['costs'] ['costs' 'special Circumstances' 'self Represented Litigant Costs']

Case Brief

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Procedural Posture

Appeal / Decision on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

No special circumstances warrant the award of costs except for the sum conceded for stationery, printing, and postage. Loss of earnings claim cannot be ordered as costs for a self-represented litigant, and costs for the expert witness report were not relevant to the appeal decision.

Court Disposition

Costs application by Kida Park Pty Ltd t/as Capital Steel Buildings dismissed; Kida Park Pty Ltd t/as Capital Steel Buildings ordered to pay Shirleena Rutten $143.85 for stationery, printing, and postage.

Orders

  • ['Kida Park Pty Ltd t/as Capital Steel Buildings is to pay Shirleena Rutten the sum of $143.85 immediately.' 'The application for costs made by Kida Park Pty Ltd t/as Capital Steel Buildings is dismissed.']