YGM v YGN (No 2) [2024] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YGM v YGN (No 2) [2024] NSWCATAP 103 Hearing dates: On the papers Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President J T Kearney, Senior Member Dr M Spencer, General Member Decision: The application for costs made by the second respondent is refused. Catchwords: COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether "special circumstances" warrant an award of costs Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 88(1) Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 60, 60(1)-(3), 60(3)(b)-(c), 60(3)(e) Powers of Attorney Act 2003 (NSW), s 36(4) Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 at 491 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109 James v Department of Justice (Corrective Services NSW) (No 2) [2022] NSWCATAP 216 Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 Latimer v Latimer [2022] NSWCATAP 94 YGM v YGN [2024] NSWCATAP 14 Youssef v NSW Legal Services Commissioner (Costs) [2020] NSWCATOD 115 Texts Cited: None cited. Category: Costs Parties: YGM (Appellant) YGN (First Respondent) YGO (Second Respondent) YGP (Third Respondent) YGQ (Fourth Respondent) YGR (Fifth Respondent) NSW Trustee and Guardian (Sixth Respondent) Representation: Counsel: A Crossland (Appellant) M Bennett (Second Respondent)