Dare v SafeWork NSW (Costs) [2021] NSWCATAD 254
The Tribunal was not satisfied that special circumstances existed to justify an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013. Success or partial success in the proceedings does not, in itself, warrant an award of costs. The complexity and potential career impact on Mr Dare did not constitute special circumstances, and there was no evidence of conduct by SafeWork NSW that would justify costs.
- Jurisdiction
- Australia
- Judgment Date
- 30 August 2021
- Procedural Posture
- Administrative Review / Costs Determination
- Outcome
- No order as to costs
- Legal Topics
- ['costs in Administrative Review Proceedings' 'special Circumstances for Costs' 'occupational Licensing']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Costs Determination
Legal Issues
- 1 ['Whether special circumstances exist warranting an order for costs in administrative review proceedings']
Ratio Decidendi
The Tribunal was not satisfied that special circumstances existed to justify an order for costs under s 60 of the Civil and Administrative Tribunal Act 2013. Success or partial success in the proceedings does not, in itself, warrant an award of costs. The complexity and potential career impact on Mr Dare did not constitute special circumstances, and there was no evidence of conduct by SafeWork NSW that would justify costs.
Court Disposition
No order as to costs
Orders
- ['Under s 50(2) of the Civil and Administrative Tribunal Act 2013, the Tribunal dispenses with a hearing of the costs issue in this matter.' 'No order as to costs.']
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