The Trustee for SKB HMO Trust v Ford [2023] NSWCATAP 139

The Trustee for SKB HMO Trust v Ford [2023] NSWCATAP 139

The Appeal Panel dismissed the costs application because the ordinary costs incurred in prosecuting the appeal and seeking a stay flowed from the appellant's need to obtain relief from the first instance decision, and the respondents' limited resistance to the appeal before consenting was not out of the ordinary, did not amount to unreasonable prolongation of the proceedings, and did not constitute special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
29 May 2023
Procedural Posture
Appeal – Costs Application in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers of the Appellant's Application for Costs After the Appeal Was Allowed
Outcome
A hearing of the appellant's application for costs was dispensed with and the application for costs was dismissed.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs' 'dispensing With Hearing' 'termination Notice for Sale of Residential Premises' 'fixed Term Tenancy and Options']
['residential Tenancies' 'civil Procedure' 'costs' 'tribunal Appeals'] ['costs of Appeal' 'special Circumstances for Costs' 'dispensing With Hearing' 'termination Notice for Sale of Residential Premises' 'fixed Term Tenancy and Options']

Case Brief

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Procedural Posture

Appeal – Costs Application in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers of the Appellant's Application for Costs After the Appeal Was Allowed

Legal Issues

  1. 1 ["Whether a hearing of the appellant's application for costs should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)." 'Whether special circumstances warranted an award of costs to the appellant under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' "Whether the respondents' conduct in resisting the appeal unreasonably prolonged the proceedings or otherwise justified a costs order."]

Ratio Decidendi

The Appeal Panel dismissed the costs application because the ordinary costs incurred in prosecuting the appeal and seeking a stay flowed from the appellant's need to obtain relief from the first instance decision, and the respondents' limited resistance to the appeal before consenting was not out of the ordinary, did not amount to unreasonable prolongation of the proceedings, and did not constitute special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

A hearing of the appellant's application for costs was dispensed with and the application for costs was dismissed.

Orders

  • ["A hearing of the appellant's application for costs is dispensed with." 'The application for costs is dismissed.']