Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2020] NSWCA 62

Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2020] NSWCA 62

Leave to appeal is granted solely to resolve the legal question of NCAT's power to make costs orders in proceedings invoking federal jurisdiction, as this is a question of general importance and is likely to arise upon enforcement of the costs orders.

Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Application for Leave to Appeal / Leave Application Determination
Outcome
Leave to appeal granted on limited questions; summons otherwise dismissed.
Legal Topics
['ncat Powers' 'costs Orders' 'federal Jurisdiction Limitations' 'judicial Review']
['administrative Law' 'federal Jurisdiction' 'civil Procedure'] ['ncat Powers' 'costs Orders' 'federal Jurisdiction Limitations' 'judicial Review']

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Procedural Posture

Application for Leave to Appeal / Leave Application Determination

Legal Issues

  1. 1 ["Did the Appeal Panel of NCAT have power to make order 3 of 20 December 2018 that the applicant pay the first respondent's costs of the appeal?" "Did Senior Member L Wilson of NCAT have power to make order 1 of 14 January 2019 that the applicant pay the first respondent's costs of proceedings in NCAT from 8 September 2017 as agreed or assessed on the ordinary basis?" 'If there were no power to make those orders, what orders should be made?']

Ratio Decidendi

Leave to appeal is granted solely to resolve the legal question of NCAT's power to make costs orders in proceedings invoking federal jurisdiction, as this is a question of general importance and is likely to arise upon enforcement of the costs orders.

Court Disposition

Leave to appeal granted on limited questions; summons otherwise dismissed.

Orders

  • ['Grant leave to appeal confined to whether NCAT had power to make the specified costs orders and what should follow if not.' 'Otherwise dismiss the summons seeking leave to appeal.' "The parties' costs of the summons be costs in the appeal."]