Cass Training Pty Ltd v Bimoli and Bhetwal Family Pty Ltd; Bimoli and Bhetwal Family Pty Ltd v Cass Training Pty Ltd (No. 2) [2023] NSWCATCD 20

Cass Training Pty Ltd v Bimoli and Bhetwal Family Pty Ltd; Bimoli and Bhetwal Family Pty Ltd v Cass Training Pty Ltd (No. 2) [2023] NSWCATCD 20

Since both parties' applications were unsuccessful, and to avoid possible enforcement of contractual rights to costs, the appropriate costs order is that each party bear its own costs of the application.

Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Costs Application (consumer and Commercial Division) / Post Dismissal of Principal Applications; Decision on Costs
Outcome
Each party bear its own costs of the application; hearing on costs dispensed with.
Legal Topics
['costs' 'exercise of Discretion in Costs' "effect of 'no Order as to Costs' Orders"]
['civil Procedure'] ['costs' 'exercise of Discretion in Costs' "effect of 'no Order as to Costs' Orders"]

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Procedural Posture

Costs Application (consumer and Commercial Division) / Post Dismissal of Principal Applications; Decision on Costs

Legal Issues

  1. 1 ['Whether the Tribunal should make an explicit order that each party bear its own costs to avoid contractual rights to costs' 'Appropriate expression of costs orders where both parties were unsuccessful']

Ratio Decidendi

Since both parties' applications were unsuccessful, and to avoid possible enforcement of contractual rights to costs, the appropriate costs order is that each party bear its own costs of the application.

Court Disposition

Each party bear its own costs of the application; hearing on costs dispensed with.

Orders

  • ['A hearing on costs is dispensed with pursuant to section 50(1)(c) of the Civil and Administrative Tribunal Act, 2013.' "Each party bear the party's own costs of the application."]