YJV v YJW [2024] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YJV v YJW [2024] NSWCATAP 255 Hearing dates: On the papers Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President L Organ, Senior Member C Kennedy, General Member Decision: Within 14 days YXD is to pay the appellants' costs in the sum of $11,340. Catchwords: COSTS –– whether there are "special circumstances" to warrant a cost order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – death of the subject person rendered appeal futile – respondent's deliberate failure to inform appellants of the subject person's death before the appeal hearing unnecessarily disadvantaged the appellants – respondent's conduct constitutes special circumstances warranting an award of costs COSTS –– application for indemnity costs – principles governing exercise of discretion under s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) to make an order for indemnify costs – respondent's deliberate failure to inform appellants of the subject person's death before appeal hearing constituted a "relevant delinquency" COSTS –– application for award of costs in a fixed sum – principles governing exercise of discretion to fix costs under s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 88(1) (repealed) Civil and Administrative Tribunal Act 2013 (NSW), s 60, 60(1)-(4) Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Gelder v The Owners - Strata Plan No 38308 [2021] NSWCATAP 109 Hamod v New South Wales [2011] NSWCA 375 James v Department of Justice (Corrective Services NSW) (No 2) [2022] NSWCATAP 216 Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 White ACT (in liquidation) v G B White [2004] NSWSC 303 Youssef v NSW Legal Services Commissioner (Costs) [2020] NSWCATOD 115 ZXJ v ZXK (no 2) [2023] NSWCATAP 76 Texts Cited: None Cited Category: Costs Parties: YJV (First Appellant) YKB (Second Appellant) YKA (Third Appellant)