ZQZ v ZRA [2021] NSWCATAP 54

ZQZ v ZRA [2021] NSWCATAP 54

Although special circumstances were demonstrated by the appellant's conduct in failing to substantiate his appeal and not appearing at the hearing, these circumstances were not sufficient to warrant the exercise of discretion to order costs against the appellant, given the protective jurisdiction, the absence of leave for legal representation, and that most costs claimed related to issues after the appeal concluded.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Appeal / Application for Costs Following Dismissal of Appeal
Outcome
application for costs dismissed
Legal Topics
['costs' 'appeal' 'protective Jurisdiction']
['guardianship' 'civil Procedure'] ['costs' 'appeal' 'protective Jurisdiction']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['whether special circumstances warranting an award of costs within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) are established' 'exercise of discretion to award costs in tribunal appeals']

Ratio Decidendi

Although special circumstances were demonstrated by the appellant's conduct in failing to substantiate his appeal and not appearing at the hearing, these circumstances were not sufficient to warrant the exercise of discretion to order costs against the appellant, given the protective jurisdiction, the absence of leave for legal representation, and that most costs claimed related to issues after the appeal concluded.

Court Disposition

application for costs dismissed

Orders

  • ['A hearing of the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "The second respondent's application that the appellant pay his costs of the appeal is dismissed."]