Plant v Meriton Properties Pty Ltd (No. 2) (Costs) (RLD)

Plant brought an appeal against Meriton Properties in the Court of Appeal, challenging a decision made by the Administrative Decisions Tribunal (ADT). The primary concern was the determination of costs associated with the appeal, pursuant to section 88 of the Administrative Decisions Tribunal Act 1997. The Court of Appeal was tasked with assessing the appropriate allocation of costs between the appellant and the respondent, following the legal principles set forth in the Act and the Legal Profession Act 2004.

The court was required to consider the legal principles governing costs in appeals, particularly under section 88 of the Administrative Decisions Tribunal Act 1997. The primary issue was whether the appellant's appeal had any reasonable prospects of success and if the respondent was entitled to an award of costs. The court also needed to determine the appropriate quantum of costs that should be awarded to the respondent.

The Court of Appeal held that the appellant's appeal lacked reasonable prospects of success. Consequently, the respondent was entitled to an award of costs under section 88 of the Act. The court considered the factors relevant to the assessment of costs, including the nature of the appeal, the conduct of the parties, and the outcome. The court found that the respondent's costs should be assessed in accordance with the Legal Profession Act 2004, either by agreement between the parties or, if necessary, by the court. The Court of Appeal ordered that the appellant pay the respondent's costs of and in connection with the appeal, as agreed or assessed under the Legal Profession Act 2004.