D'Agostino v The Greater Shepparton City Council

The case of D'Agostino v The Greater Shepparton City Council involves an appeal against a decision made by the Victorian Civil and Administrative Tribunal (VCAT) regarding costs in proceedings relating to a special charge imposed by the Greater Shepparton City Council. The D’Agostinos appealed the Tribunal’s refusal to award them costs in one of their applications, while the Tribunal had ordered the Council to pay half of the D’Agostinos’ costs in another application. The appeal focuses on the Tribunal’s decision not to grant costs to the D’Agostinos in the s 185AA proceeding.

The primary legal issue before the court was whether the Tribunal’s decision to refuse the D’Agostinos’ application for costs in the s 185AA proceeding was correct. The D’Agostinos argued that the Tribunal erred in law by failing to consider the relevant statutory criteria under s 109 of the Victorian Civil and Administrative Tribunal Act 1998 when deciding whether to award costs. They contended that the Tribunal’s decision was unreasonable and that the Tribunal should have awarded them costs in the s 185AA proceeding based on the merits and circumstances of the case.

The court examined the Tribunal’s reasoning and the statutory framework governing the award of costs. The court noted that, under s 109 of the VCAT Act, each party is to bear their own costs unless the Tribunal is satisfied that it is fair to order otherwise. The court emphasised that the Tribunal must consider specific criteria when deciding whether it is fair to award costs. The court assessed whether the Tribunal properly applied these criteria and whether its decision was supported by the evidence and the law. Ultimately, the court found that the Tribunal had correctly exercised its discretion and that its decision to refuse costs in the s 185AA proceeding was not erroneous.

In light of the above, the court dismissed the D’Agostinos’ appeal. The Tribunal’s decision regarding costs in the s 185AA proceeding was upheld. The orders made by the Tribunal stood as decided.