ZHH v ZHI (No 2) [2018] NSWCATAP 193

ZHH v ZHI (No 2) [2018] NSWCATAP 193

There were no special circumstances justifying an award of costs to ZHH. The Tribunal’s errors and the conduct of ZHI did not create a basis for costs liability. Furthermore, the Appeal Panel lacked power to make or recommend payments from the Suitors' Fund under the relevant statute.

Parties
Appellant: ZHH; First Respondent: ZHI; Second Respondent: ZHJ; Third Respondent: ZHK; Fourth Respondent: ZHL; Fifth Respondent: Public Guardian; Sixth Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Appeal / Cost Application After Internal Appeal Determined
Outcome
Application for costs refused; no hearing held on the costs application.
Legal Topics
Costs, Appeals, Special Circumstances for Costs, Suitors' Fund Act Powers
Civil Procedure Costs Appeals Special Circumstances for Costs Suitors' Fund Act Powers

Case Brief

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Parties

ZHH

Appellant

ZHI

First Respondent

ZHJ

Second Respondent

ZHK

Third Respondent

ZHL

Fourth Respondent

Public Guardian

Fifth Respondent

NSW Trustee and Guardian

Sixth Respondent

Procedural Posture

Appeal / Cost Application After Internal Appeal Determined

Legal Issues

  1. 1 Whether special circumstances exist to warrant an award of costs under NCAT Act s 60(2)
  2. 2 Whether the Appeal Panel has the power to order costs under the Suitors' Fund Act 1951 (NSW)

Ratio Decidendi

There were no special circumstances justifying an award of costs to ZHH. The Tribunal’s errors and the conduct of ZHI did not create a basis for costs liability. Furthermore, the Appeal Panel lacked power to make or recommend payments from the Suitors' Fund under the relevant statute.

Court Disposition

Application for costs refused; no hearing held on the costs application.

Orders

  • A hearing on the application for costs is dispensed with.
  • The appellant's application for costs is refused.