Williams Street Convenience Store Pty Ltd v Kronheim [2021] NSWCATAP 48

Williams Street Convenience Store Pty Ltd v Kronheim [2021] NSWCATAP 48

There was no amount claimed or in dispute within the appeal, therefore s 60 of the NCAT Act was not displaced and special circumstances were required for a costs order. No special circumstances were established by the appellant, so each party is to pay their own costs.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Costs Application in Appeal / Appeal Panel Determination
Outcome
Application for costs dismissed; each party to pay their own costs
Legal Topics
['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'commercial Disputes']
['civil Procedure'] ['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'commercial Disputes']

Case Brief

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Procedural Posture

Costs Application in Appeal / Appeal Panel Determination

Legal Issues

  1. 1 ['Whether the hearing of the costs application should be dispensed with' 'Whether special circumstances existed warranting an award of costs for the appeal under s 60 of the NCAT Act' 'Application of rr 38 and 38A of the Civil and Administrative Tribunal Rules']

Ratio Decidendi

There was no amount claimed or in dispute within the appeal, therefore s 60 of the NCAT Act was not displaced and special circumstances were required for a costs order. No special circumstances were established by the appellant, so each party is to pay their own costs.

Court Disposition

Application for costs dismissed; each party to pay their own costs

Orders

  • ['A hearing of the application for costs is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for costs is dismissed and each party is to pay their own costs.']