Ashton v Stevenson; Stevenson v Ashton (No 2) [2019] NSWCATAP 238

There was no reason not to order that the unsuccessful party pay the successful party's costs of the appeal proceedings, and no basis for indemnity costs as the offers relied upon were not capable of acceptance during the appeal proceedings.

Parties: Appellant/former Owner: Jacqueline Ashton; Respondent/owner: Phillip Stevenson; Appellant/owner: Phillip Stevenson; Respondent/former Owner: Jacqueline Ashton
Jurisdiction: Australia
Judgment Date: 25 September 2019
Procedural Posture: Appeal / Costs Determination Post Appeal
Outcome: Costs awarded: In AP 18/31090, respondent to pay appellant's costs; In AP 18/32837, appellant to pay respondent's costs, all on ordinary basis.
Legal Topics: Costs, Appeal, Home Building

Civil Procedure Costs Appeal Home Building

Case Brief

Summary, issues, holding and outcome

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Parties

Jacqueline Ashton

Appellant/former Owner

Phillip Stevenson

Respondent/owner

Phillip Stevenson

Appellant/owner

Jacqueline Ashton

Respondent/former Owner

Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

1 Whether costs should be awarded on ordinary or indemnity basis
2 Application of Rule 38 and Rule 38A of the Civil and Administrative Rules 2014
3 Consideration of offers and their impact on indemnity costs

Ratio Decidendi

Court Disposition

Costs awarded: In AP 18/31090, respondent to pay appellant's costs; In AP 18/32837, appellant to pay respondent's costs, all on ordinary basis.

Orders

In AP 18/31090: The respondent pay the appellant's legal costs on the ordinary basis, as agreed or assessed.
In AP 18/32837: The appellant pay the respondent's legal costs on the ordinary basis, as agreed or assessed.