Ngo v Sin & Partner Pty Ltd (No 2) [2024] NSWCATAP 225

Ngo v Sin & Partner Pty Ltd (No 2) [2024] NSWCATAP 225

Special circumstances for an award of indemnity costs under s 60 existed because the appeal had no tenable basis in fact or law, warranting an order in favour of the Respondent for indemnity costs.

Parties
Appellant: Trong Duc Ngo; Respondent: Sin & Partner Pty Ltd
Jurisdiction
Australia
Judgment Date
12 November 2024
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Appellant to pay indemnity costs; hearing on costs dispensed with
Legal Topics
Costs of Appeal, Indemnity Costs, Jurisdiction of Tribunal, Special Circumstances for Costs
Costs Administrative Law Retail Leasing Law Costs of Appeal Indemnity Costs Jurisdiction of Tribunal Special Circumstances for Costs

Case Brief

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Parties

Trong Duc Ngo

Appellant

Sin & Partner Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 Whether special circumstances exist to warrant a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether costs should be ordered on an indemnity basis
  3. 3 Whether the relationship between the Respondent and its legal representatives precluded a costs order

Ratio Decidendi

Special circumstances for an award of indemnity costs under s 60 existed because the appeal had no tenable basis in fact or law, warranting an order in favour of the Respondent for indemnity costs.

Court Disposition

Appellant to pay indemnity costs; hearing on costs dispensed with

Orders

  • A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The Appellant is to pay the Respondent's costs of the appeal in the sum of $5,600. Such payment to be made within 21 days or such longer period as may be agreed between the parties.