ACT Builders Pty Ltd v Haridemos (No 2) [2016] NSWCATAP 118

ACT Builders Pty Ltd v Haridemos (No 2) [2016] NSWCATAP 118

Special circumstances warranting a costs order were established because, considered as a whole, all grounds of appeal were weak and the item in dispute was $55,750.00, so a successful appeal would have significantly altered the parties' relative positions. The Appeal Panel did not accept that the appeal's ordinary leave requirements or the mere fact of the appellant's unsuccessful appeal alone established special circumstances, but concluded that the weakness of the appeal grounds and the amount at stake justified an order that the appellant pay the respondent's costs on a party/party basis.

Jurisdiction
Australia
Judgment Date
08 June 2016
Procedural Posture
Costs Application in an Internal Appeal Concerning Home Building Proceedings / After the Appeal Panel Dismissed the Appellant's Appeal; Costs Application Determined on the Papers
Outcome
Costs application allowed; hearing dispensed with; appellant ordered to pay respondent's costs on a party/party basis.
Legal Topics
['costs' 'special Circumstances' 'internal Appeals' 'relative Strength of Case' 'party/party Costs' 'dispensing With a Hearing']
['civil Procedure' 'administrative Law' 'consumer and Commercial' 'home Building'] ['costs' 'special Circumstances' 'internal Appeals' 'relative Strength of Case' 'party/party Costs' 'dispensing With a Hearing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in an Internal Appeal Concerning Home Building Proceedings / After the Appeal Panel Dismissed the Appellant's Appeal; Costs Application Determined on the Papers

Legal Issues

  1. 1 ["Whether the Appeal Panel should dispense with a hearing of the respondent's costs application under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013." 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs in favour of the respondent.' "Whether the appellant's appeal was weak or had no tenable basis in fact or law." 'Whether the nature and complexity of the appeal proceedings supported a costs order.' 'Whether the appeal outcome and the amount in dispute supported a costs order.']

Ratio Decidendi

Special circumstances warranting a costs order were established because, considered as a whole, all grounds of appeal were weak and the item in dispute was $55,750.00, so a successful appeal would have significantly altered the parties' relative positions. The Appeal Panel did not accept that the appeal's ordinary leave requirements or the mere fact of the appellant's unsuccessful appeal alone established special circumstances, but concluded that the weakness of the appeal grounds and the amount at stake justified an order that the appellant pay the respondent's costs on a party/party basis.

Court Disposition

Costs application allowed; hearing dispensed with; appellant ordered to pay respondent's costs on a party/party basis.

Orders

  • ['Pursuant to s50(1)(c) of the Civil and Administrative Tribunal Act, 2013 Appeal Panel dispenses with a hearing of the costs application by the respondent.' 'The appellant is to pay the costs of the respondent on a party/ party basis, such costs to be as agreed or assessed on the basis set out in the legal costs...