ACS Equip Pty Ltd v Richard & Ors (No 2) [2021] NSWCATAP 49

ACS Equip Pty Ltd v Richard & Ors (No 2) [2021] NSWCATAP 49

The appellant failed to demonstrate special circumstances warranting an award of costs, and the rejection of its offer was not unreasonable or out of the ordinary to justify departure from the general rule that each party bear its own costs.

Jurisdiction
Australia
Judgment Date
04 March 2021
Procedural Posture
Appeal / Costs Determination Following Successful Appeal
Outcome
Application for costs dismissed; each party to bear its own costs.
Legal Topics
['costs' 'appeals']
['tribunal Procedure'] ['costs' 'appeals']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Successful Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist warranting an award of costs to the appellant']

Ratio Decidendi

The appellant failed to demonstrate special circumstances warranting an award of costs, and the rejection of its offer was not unreasonable or out of the ordinary to justify departure from the general rule that each party bear its own costs.

Court Disposition

Application for costs dismissed; each party to bear its own costs.

Orders

  • ['A hearing in person is dispensed with.' 'Each party is to bear its, his or her own costs of the appeal.']