CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21

CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21

The Appeal Panel was not satisfied that special circumstances warranted a costs order. Although CPD's notice of appeal lacked detail and used 'TBC', the attached 'Grounds of Appeal' document put Mr and Mrs Baguley on notice of the substance of CPD's grounds and showed an arguable point. CPD withdrew the appeal promptly after the first directions hearing, the respondents had not made the preparations and incurred the costs necessary for the appeal hearing, there was no persistent failure to comply with directions or appear, and the matter was not a commercial matter involving a large sum comparable to Mergerditchian. The appeal was therefore not shown to be frivolous, vexatious,...

Jurisdiction
Australia
Judgment Date
24 February 2015
Procedural Posture
Internal Appeal; Application for Costs of Appeal / Costs Application After the Appellant Withdrew Its Appeal and the Appeal Panel Dismissed the Appeal Subject to Any Costs Application
Outcome
Application for costs refused; Mr and Mrs Baguley's application for costs dismissed.
Legal Topics
['ncat Internal Appeal' 'special Circumstances for Costs' 'withdrawal of Appeal' 'frivolous or Vexatious Proceedings' 'leave to Appeal']
['civil Procedure' 'costs' 'administrative and Tribunal Law' 'home Building'] ['ncat Internal Appeal' 'special Circumstances for Costs' 'withdrawal of Appeal' 'frivolous or Vexatious Proceedings' 'leave to Appeal']

Case Brief

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Procedural Posture

Internal Appeal; Application for Costs of Appeal / Costs Application After the Appellant Withdrew Its Appeal and the Appeal Panel Dismissed the Appeal Subject to Any Costs Application

Legal Issues

  1. 1 ["Whether there were special circumstances under s.60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an order that CPD pay Mr and Mrs Baguley's costs of the appeal." "Whether CPD's notice of appeal and withdrawal of the appeal made the appeal frivolous or vexatious or otherwise misconceived or lacking in substance." "Whether CPD's conduct of the appeal was out of the ordinary so as to justify departing from the rule that each party pays their own costs."]

Ratio Decidendi

The Appeal Panel was not satisfied that special circumstances warranted a costs order. Although CPD's notice of appeal lacked detail and used 'TBC', the attached 'Grounds of Appeal' document put Mr and Mrs Baguley on notice of the substance of CPD's grounds and showed an arguable point. CPD withdrew the appeal promptly after the first directions hearing, the respondents had not made the preparations and incurred the costs necessary for the appeal hearing, there was no persistent failure to comply with directions or appear, and the matter was not a commercial matter involving a large sum comparable to Mergerditchian. The appeal was therefore not shown to be frivolous, vexatious,...

Court Disposition

Application for costs refused; Mr and Mrs Baguley's application for costs dismissed.

Orders

  • ["Mr and Mrs Baguley's application for costs is dismissed."]