Pepperill & Anor v CEO Housing (Costs)

[2024] NTSC 1

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Costs
2. › Application for leave to appeal to Supreme Court from Civil and Administrative Tribunal
3. › Application successful
4. › Costs order made in favour of applicants/appellants in respect of application for leave
5. › Court declines to make costs order ‘here and below’
6. › General principle in Tribunal is that parties bear their own costs
7. › Tribunal best placed to take into account statutory considerations justifying departure from the general principle
1. Appeals
2. › Successful appeal to Supreme Court from Civil and Administrative Tribunal
3. › Question of law
4. › Appellants sought remitter to differently constituted Tribunal
5. › Applicants submit that is the ‘ordinary course’
6. › Order made for remitter
7. › Court declines to specify constitution of Tribunal
1. Northern Territory Civil and Administrative Tribunal Act 2014, s 131, s 132, s 133, s 141
1. Comcare v Broadhurst [2011] FCAFC 39, 192 FCR 497; DWN042 v Republic of Nauru [2017] HCA 56, 92 ALJR 146; Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11; (2003) 215 CLR 518; Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39, considered.