Javam v Islam (No 2) [2020] NSWCATAP 135

Javam v Islam (No 2) [2020] NSWCATAP 135

The amount in dispute on appeal exceeded $30,000 so ordinary general law principles as to costs applied; costs should follow the event, and there was no disentitling conduct by the respondent to justify a departure from this rule. The appellant is to pay the respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Appeal / Application for Costs After Appeal Dismissed
Outcome
Appellant to pay respondent's costs of the appeal
Legal Topics
['costs' 'appeal Costs' 'general Rule Costs Follow the Event']
['civil Procedure'] ['costs' 'appeal Costs' 'general Rule Costs Follow the Event']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Application for Costs After Appeal Dismissed

Legal Issues

  1. 1 ["Whether the appellant should be ordered to pay the respondent's costs of the appeal" 'Whether the amount in dispute on appeal engages the general law principles regarding costs']

Ratio Decidendi

The amount in dispute on appeal exceeded $30,000 so ordinary general law principles as to costs applied; costs should follow the event, and there was no disentitling conduct by the respondent to justify a departure from this rule. The appellant is to pay the respondent's costs of the appeal.

Court Disposition

Appellant to pay respondent's costs of the appeal

Orders

  • ['An oral hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' "The appellant is to pay the respondent's costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)."]