Lucchese v McDonell (No. 2) [2018] NSWCATAP 169

Lucchese v McDonell (No. 2) [2018] NSWCATAP 169

In appeal AP 18/08577, as the amount in dispute exceeded $30,000, the owners/appellants were not required to show special circumstances to recover costs and were substantially successful; therefore, the general rule that costs follow the event applied. In AP 18/08247, as the amount in dispute was between $10,000 and $30,000 and no order under clause 10(2) of Schedule 4 was sought, special circumstances were required but not established; therefore, each party should bear their own costs.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Appeal / Costs Decision Following Internal Appeals
Outcome
In appeal AP 18/08577, owners/appellants awarded costs of the appeal; in AP 18/08247, each party to bear their own costs; first instance costs not determined.
Legal Topics
['costs' 'appeal Costs' 'special Circumstances' 'consumer and Commercial Division']
['civil Procedure'] ['costs' 'appeal Costs' 'special Circumstances' 'consumer and Commercial Division']

Case Brief

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Procedural Posture

Appeal / Costs Decision Following Internal Appeals

Legal Issues

  1. 1 ['Whether costs should be awarded in two internal appeals before the Civil and Administrative Tribunal Appeal Panel and on what basis (special circumstances or otherwise)' 'Whether the Appeal Panel is empowered to determine costs of proceedings at first instance when the Tribunal below has yet to decide costs']

Ratio Decidendi

In appeal AP 18/08577, as the amount in dispute exceeded $30,000, the owners/appellants were not required to show special circumstances to recover costs and were substantially successful; therefore, the general rule that costs follow the event applied. In AP 18/08247, as the amount in dispute was between $10,000 and $30,000 and no order under clause 10(2) of Schedule 4 was sought, special circumstances were required but not established; therefore, each party should bear their own costs.

Court Disposition

In appeal AP 18/08577, owners/appellants awarded costs of the appeal; in AP 18/08247, each party to bear their own costs; first instance costs not determined.

Orders

  • ["AP 18/08577: A hearing of the costs application is dispensed with. The respondents are to pay the appellants' costs of the appeal as agreed or assessed." 'AP 18/08247: A hearing of the costs application is dispensed with. Each party is to pay his and her own costs of the appeal.']