ZIV v ZIZ [2019] NSWCATAP 78

ZIV v ZIZ [2019] NSWCATAP 78

Although the appellant's withdrawn appeal was weak and close to the line, it could not be described as hopeless or as having no tenable basis in fact or law. In the absence of other factors supporting special circumstances, the Appeal Panel was not satisfied that special circumstances warranted a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
04 April 2019
Procedural Posture
Costs Application in NCAT Appeal Panel Proceedings Concerning an Appeal From the Guardianship Division / Determined on the Papers After the Appellant Withdrew the Appeal and the Appeal Was Dismissed
Outcome
The application for costs was dismissed and a hearing on the application was dispensed with.
Legal Topics
['special Circumstances for Costs' 'enduring Guardianship Appointment' 'withdrawal of Appeal' 'leave to Appeal From Factual Findings']
['administrative Law' 'guardianship' 'costs'] ['special Circumstances for Costs' 'enduring Guardianship Appointment' 'withdrawal of Appeal' 'leave to Appeal From Factual Findings']

Case Brief

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Procedural Posture

Costs Application in NCAT Appeal Panel Proceedings Concerning an Appeal From the Guardianship Division / Determined on the Papers After the Appellant Withdrew the Appeal and the Appeal Was Dismissed

Legal Issues

  1. 1 ['Whether special circumstances within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranted an award of costs against the appellant.' "Whether the weakness of the withdrawn appeal, including the contention that the Tribunal's capacity finding was against the weight of evidence, justified a costs order." 'Whether a hearing on the costs application should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).']

Ratio Decidendi

Although the appellant's withdrawn appeal was weak and close to the line, it could not be described as hopeless or as having no tenable basis in fact or law. In the absence of other factors supporting special circumstances, the Appeal Panel was not satisfied that special circumstances warranted a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

The application for costs was dismissed and a hearing on the application was dispensed with.

Orders

  • ['The application for costs is dismissed.' 'A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).']