Hodgson v Shaw (No 2)

Costs

(1) Each party to proceedings in the Tribunal is to pay the party's own costs.

(2) The Tribunal may award costs in relation to proceedings before it only if it is satisfied that there are special circumstances warranting an award of costs.

(3) In determining whether there are special circumstances warranting an award of costs, the Tribunal may have regard to the following:

(a) whether a party has conducted the proceedings in a way that unnecessarily disadvantaged another party to the proceedings,

(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceedings,

(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law,

(d) the nature and complexity of the proceedings,

(e) whether the proceedings were frivolous or vexatious or otherwise misconceived or lacking in substance, whether a party has refused or failed to comply with the duty imposed by section 36 (3),

(f) any other matter that the Tribunal considers relevant.

(1) Reimbursement by the Tribunal of the appeal filing fee - $506.00;

(2) Reimbursement by the respondent of the Local Court enforcement fee - $113.00; and

(3) Reimbursement by the respondent of the filing fee for the initial proceedings in the Tribunal - $60.00.

Reimbursement by the Tribunal of the appeal filing fee

"The internal appeal fee arose only because [the Appeal Panel] found that the Tribunal made an error of law. It is fair and consistent with the Tribunal's objectives that NCAT reimburse this amount."

"In practical terms, the appeal became necessary only because of [the Tribunal's] error, and not because of anything done by either party."

1. The Appeal Panel's power to make an order for costs derives from s 60 of the NCAT Act. That power relates to costs orders between the parties. The Appeal Panel does not have the power to order a refund of the filing fee.

Reimbursement by the respondent of the Local Court enforcement fee

1. The fee was paid to the Local Court to register the Tribunal's order.
2. The Appeal Panel does not have jurisdiction regarding costs incurred in the Local Court.

Reimbursement by the respondent of the filing fee for the initial proceedings in the Tribunal

1. Mr Hodgson seeks the cost of the filing fee of the initiating application before the Tribunal at first instance. He submits:

"... the NCAT application fee was incurred only because the Respondent chose not to engage with reasonable opportunities to resolve the matter before formal NCAT proceedings were required."

1. Mr Hodgson's initiating application did seek an order for costs. In its decision of 26 May 2025, the Tribunal did not make an order regarding costs. It was open to Mr Hodgson to appeal that decision.
2. However, the only decision under appeal was that of 13 June 2025. The cost order Mr Hodgson seeks is not consequential on that decision.

1. Mr Hodgson's application for costs is misconceived. The Tribunal constituted as the Appeal Panel does not have jurisdiction to make the orders he seeks.
2. There is therefore no utility in considering Mr Hodgson's submissions regarding special circumstances.
3. It follows that the application for costs is dismissed.

I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.