ZLX v ZLY [2019] NSWCATAP 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZLX v ZLY [2019] NSWCATAP 273 Hearing dates: On the papers Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Kearney, Senior Member F Given, General Member Decision: (1) A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The appellant must pay ZLZ's costs, as agreed or assessed. (3) If Legal Aid NSW elects to make submissions about whether the Civil and Administrative Tribunal Act 2013 (NSW) permits the Tribunal to make an order for costs under s 60 of that Act in favour of Legal Aid NSW, it must file and serve written submissions within 14 days of the date of this decision. (4) Any party wishing to respond to any submissions made by Legal Aid NSW must file and serve written submissions within 14 days of any submissions served by Legal Aid NSW. Catchwords: COSTS — whether special circumstances warranting an award of costs are established

WORDS AND PHRASES — meaning of phrase "special circumstances" in s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 GZN [2016] NSWCATGD 78 Perpetual Trustee Company Ltd v Nguyen & Anor (No 2) [2016] NSWCATAP 168 Texts Cited: None cited Category: Costs Parties: ZLX (Appellant) ZLY (First Respondent) ZLZ (Second Respondent) NSW Public Guardian (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) ZMK (Fifth Respondent) Representation: Counsel: D Burwood (First Respondent)