FHH v Port Stephens Council (No 2) [2023] NSWCATAP 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHH v Port Stephens Council (No 2) [2023] NSWCATAP 282 Hearing dates: On the papers Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) that the hearing of the application for costs be dispensed with. 2. Order that the Appellants pay the Respondent's costs of and relating to the appeal as agreed or assessed. Catchwords: COSTS – whether special circumstance exists – whether costs should be awarded against self-represented party said to engage in vexatious or frivolous conduct or advancing contentions that are misconceived – whether a lump sum order should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29 Grasso v Owners of Strata Plan No 52399 [2023] NSWCATAP 91 Texts Cited: Nil Category: Costs Parties: FHH (First Appellant) FFU (Second Appellant) Port Stephens Council (Respondent) Representation: Appellants (self-represented)

Solicitors: Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00149763 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2023] NSWCATAD 101 Date of Decision: 02 May 2023 Before: J McAteer, Senior Member File Number(s): 2022/00042970