Kora v Ian’s Roofing Pty Ltd (No 2) [2023] NSWCATAP 95

Kora v Ian’s Roofing Pty Ltd (No 2) [2023] NSWCATAP 95

The Appeal Panel held that the respondents, as successful parties in an appeal concerning a claim exceeding $30,000, were entitled to a costs order under r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW). There was no disentitling conduct by the respondents and the appellants' submissions were without merit. The Panel exercised its discretion to award gross sum costs of $7,133.71 as claimed by the respondents.

Jurisdiction
Australia
Judgment Date
03 April 2023
Procedural Posture
Appeal / Post Appeal Costs Decision
Outcome
Application for costs granted to respondents; hearing on costs dispensed with; gross sum costs order awarded.
Legal Topics
['costs' 'appeals']
['civil Procedure'] ['costs' 'appeals']

Case Brief

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Procedural Posture

Appeal / Post Appeal Costs Decision

Legal Issues

  1. 1 ['Whether a costs order should be made against the appellants following an unsuccessful appeal.' 'The appropriate rule for costs in the context of an internal appeal involving claims exceeding $30,000.']

Ratio Decidendi

The Appeal Panel held that the respondents, as successful parties in an appeal concerning a claim exceeding $30,000, were entitled to a costs order under r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW). There was no disentitling conduct by the respondents and the appellants' submissions were without merit. The Panel exercised its discretion to award gross sum costs of $7,133.71 as claimed by the respondents.

Court Disposition

Application for costs granted to respondents; hearing on costs dispensed with; gross sum costs order awarded.

Orders

  • ['A hearing is dispensed with under s 50(2) of the Civil and Administrative Act (NSW) 2013.' 'The respondents are to file the invoices on which they rely to support the application for a costs order in the sum of $7,133.71 within seven days of the publication of these reasons.' "Upon compliance with order 2, the...