Jones and Anor v Ekermawi (No. 2) (Costs) (EOD)

The case involves an application by the respondent for costs incurred in an appeal against a decision of the Administrative Decisions Tribunal (ADT). The ADT had previously found against the respondent, who then appealed that decision. The appellants in the appeal, who were also the respondents before the ADT, sought to have the appeal costs order set aside or varied. The application was heard by the ADT, which had to determine whether it was fair to award costs to the respondent for the unsuccessful appeal.

The central legal issue before the ADT was whether it was appropriate to award costs to the respondent for the unsuccessful appeal. Under the Administrative Decisions Tribunal Act 1997, the ordinary rule is that no costs be awarded for unsuccessful appeals. However, the Act provides an exception where it is fair to do so. The ADT had to exercise its discretion in determining whether the circumstances of the case warranted an award of costs to the respondent. The ADT also had to consider the appropriate quantum of costs to be awarded, if any.

In reaching its decision, the ADT considered the relevant statutory provisions and the principles applicable to the exercise of the discretion to award costs. It found that the respondent's appeal had some merits, which warranted an award of costs. The ADT held that it was fair to award costs to the respondent for the appeal, but only to a limited extent. The ADT ordered that the appellants pay the respondent's costs of the appeal, confined to three-quarters of the costs of preparation of the submissions in reply to the appeal and of the costs of appearance of counsel at the appeal hearing, and all of the costs of the present submissions.

The ADT's final order was that the appellants pay the respondent's costs of the appeal, as agreed or assessed, but limited to the specified proportion of costs. The ADT exercised its discretion to award costs to the respondent for the unsuccessful appeal, but only to a limited extent, reflecting the limited success of the appeal.