ZLX v ZLY [2019] NSWCATAP 273

ZLX v ZLY [2019] NSWCATAP 273

The appellant, while legally represented, failed to comply with directions to file submissions, did not seek to vary or be excused from those directions, failed to respond to enquiries, and delayed informing NCAT that she had commenced parallel Supreme Court proceedings seeking revocation of the same financial management order. Those failures caused the mother and Legal Aid NSW to incur unnecessary costs and breached the duty in s 36(3). Together with the remote apparent prospects of the appeal on the limited material, these circumstances amounted to special circumstances warranting departure from the ordinary rule that parties bear their own costs, so the appellant was ordered to pay...

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Internal Appeal Costs Application / On the Papers After Withdrawal and Dismissal of Internal Appeal
Outcome
Costs application by ZLZ allowed; hearing dispensed with; issue of costs in favour of Legal Aid NSW reserved for submissions.
Legal Topics
['special Circumstances for Costs' 'determination on the Papers' 'withdrawal of Appeal' 'financial Management Order' 'guardianship Order' 'separate Representative Costs']
['costs' 'civil Procedure' 'guardianship'] ['special Circumstances for Costs' 'determination on the Papers' 'withdrawal of Appeal' 'financial Management Order' 'guardianship Order' 'separate Representative Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal Costs Application / On the Papers After Withdrawal and Dismissal of Internal Appeal

Legal Issues

  1. 1 ['Whether a hearing on the costs applications should be dispensed with and the applications determined on the papers.' 'Whether special circumstances were established under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an award of costs against the appellant.' 'Whether the Civil and Administrative Tribunal Act 2013 (NSW) permits an order for costs under s 60 in favour of Legal Aid NSW as a non-party.']

Ratio Decidendi

The appellant, while legally represented, failed to comply with directions to file submissions, did not seek to vary or be excused from those directions, failed to respond to enquiries, and delayed informing NCAT that she had commenced parallel Supreme Court proceedings seeking revocation of the same financial management order. Those failures caused the mother and Legal Aid NSW to incur unnecessary costs and breached the duty in s 36(3). Together with the remote apparent prospects of the appeal on the limited material, these circumstances amounted to special circumstances warranting departure from the ordinary rule that parties bear their own costs, so the appellant was ordered to pay...

Court Disposition

Costs application by ZLZ allowed; hearing dispensed with; issue of costs in favour of Legal Aid NSW reserved for submissions.

Orders

  • ['A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "The appellant must pay ZLZ's costs, as agreed or assessed." 'If Legal Aid NSW elects to make submissions about whether the Civil and Administrative Tribunal Act 2013 (NSW) permits the...