Webb v Port Stephens Council (No 2) [2023] NSWCATAP 217

Webb v Port Stephens Council (No 2) [2023] NSWCATAP 217

The Appeal Panel was not satisfied that any of the Council's submissions, either individually or cumulatively, amounted to the special circumstances required by s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to depart from the general rule that each party pay their own costs. The conduct and pleadings relied on by Council were not sufficiently out of the ordinary in complexity or impropriety to award costs, and relevant disputed grounds did not cause excessive or compensable costs to Council. The hearing of the costs application was rightly dispensed with on the papers.

Jurisdiction
Australia
Judgment Date
07 August 2023
Procedural Posture
Appeal / Post Judgment, Costs Application
Outcome
No order as to costs. Parties to pay their own costs. Hearing of costs application dispensed with.
Legal Topics
['ncat Costs Discretion' 'special Circumstances for Costs' 'gipa Act Requests' 'appeal Procedure']
['administrative Law' 'costs'] ['ncat Costs Discretion' 'special Circumstances for Costs' 'gipa Act Requests' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Post Judgment, Costs Application

Legal Issues

  1. 1 ['Should the hearing of the costs application be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)?' 'Do special circumstances exist warranting an award of costs against the appellant under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)?']

Ratio Decidendi

The Appeal Panel was not satisfied that any of the Council's submissions, either individually or cumulatively, amounted to the special circumstances required by s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to depart from the general rule that each party pay their own costs. The conduct and pleadings relied on by Council were not sufficiently out of the ordinary in complexity or impropriety to award costs, and relevant disputed grounds did not cause excessive or compensable costs to Council. The hearing of the costs application was rightly dispensed with on the papers.

Court Disposition

No order as to costs. Parties to pay their own costs. Hearing of costs application dispensed with.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the hearing of the costs application is dispensed with.' 'The parties are to pay their own costs.']