Younan v Commissioner for Fair Trading (No 2) [2016] NSWCATOD 60

Younan v Commissioner for Fair Trading (No 2) [2016] NSWCATOD 60

The Commissioner's claims in the proceedings had no tenable basis in law and fact, which constitutes special circumstances warranting an award of costs.

Source-derived case information.

Parties
Applicant: Wardy Younan; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Application for Review of Administrative Decision / Costs Determination After Substantive Decision
Outcome
Costs awarded to applicant
Legal Topics
Costs, Tribunal Review, Improper Conduct, Statutory Interpretation
Administrative Law Home Building Law Costs Tribunal Review Improper Conduct Statutory Interpretation

Source-derived case record

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 2 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Wardy Younan

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Application for Review of Administrative Decision / Costs Determination After Substantive Decision

Legal Issues

  1. 1 Whether special circumstances warrant an award of costs
  2. 2 Whether the respondent's claims had any tenable basis in fact or law
  3. 3 Whether the respondent failed to comply with s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Commissioner's claims in the proceedings had no tenable basis in law and fact, which constitutes special circumstances warranting an award of costs.

Court Disposition

Costs awarded to applicant

Orders

  • The respondent is to pay the applicant's costs of these proceedings as agreed or, failing such agreement, as assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)).