Webb v Port Stephens Council [2023] NSWCATAD 137

Webb v Port Stephens Council [2023] NSWCATAD 137

Special circumstances were established because the applicant unreasonably caused the respondent to incur costs by waiting until the hearing to clarify contested documents and failing to comply with directions to file written materials, which disadvantaged the respondent and was contrary to the duty to cooperate under s 36; therefore, costs were awarded under s 60(2). A fixed sum order was appropriate given the evidence, proportionality, and the risk of disproportionate costs assessment, with a 30% discount applied to the amount claimed.

Jurisdiction
Australia
Judgment Date
06 June 2023
Procedural Posture
Administrative Review / Costs Application / Post Final Hearing, Costs Determination After Dismissal of Substantive Application and Appeal
Outcome
Costs application against the applicant granted; oral hearing on costs dispensed with; prohibition on disclosure of confidential material upheld.
Legal Topics
['costs Orders' 'special Circumstances for Costs' 'government Information (public Access) Act' 'tribunal Practice and Procedure']
['administrative Law' 'information Access Law'] ['costs Orders' 'special Circumstances for Costs' 'government Information (public Access) Act' 'tribunal Practice and Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Costs Application / Post Final Hearing, Costs Determination After Dismissal of Substantive Application and Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant a costs order under section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether the applicant unreasonably caused the respondent to incur costs by abandoning most of her claim at hearing' 'Whether the applicant failed to comply with the duty under section 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether a fixed sum/lump sum order for costs is appropriate and in what amount' 'Whether an oral hearing should be dispensed with']

Ratio Decidendi

Special circumstances were established because the applicant unreasonably caused the respondent to incur costs by waiting until the hearing to clarify contested documents and failing to comply with directions to file written materials, which disadvantaged the respondent and was contrary to the duty to cooperate under s 36; therefore, costs were awarded under s 60(2). A fixed sum order was appropriate given the evidence, proportionality, and the risk of disproportionate costs assessment, with a 30% discount applied to the amount claimed.

Court Disposition

Costs application against the applicant granted; oral hearing on costs dispensed with; prohibition on disclosure of confidential material upheld.

Orders

  • ['Oral hearing on the issue of costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Pursuant to section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the applicant is ordered to pay the respondent costs in the amount of $7,000.00 within 28 days of this...