Zioukin v Lang [2022] NSWCATAP 247

Zioukin v Lang [2022] NSWCATAP 247

The appeal was withdrawn following a supervening event, and both parties acted reasonably. There were no special circumstances justifying a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). The respondent's application for costs was dismissed.

Parties
Appellant: Andre Zioukin; Respondent: Sue Lang
Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Appeal / Costs Application After Withdrawal of Appeal
Outcome
Application for costs dismissed.
Legal Topics
Costs of Appeal, Withdrawal of Appeal, Special Circumstances Under S 60(3) Civil and Administrative Tribunal Act 2013 (nsw)
Costs Costs of Appeal Withdrawal of Appeal Special Circumstances Under S 60(3) Civil and Administrative Tribunal Act 2013 (nsw)

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andre Zioukin

Appellant

Sue Lang

Respondent

Procedural Posture

Appeal / Costs Application After Withdrawal of Appeal

Legal Issues

  1. 1 Whether the respondent should be awarded costs after appeal withdrawn without adjudication on the merits

Ratio Decidendi

The appeal was withdrawn following a supervening event, and both parties acted reasonably. There were no special circumstances justifying a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW). The respondent's application for costs was dismissed.

Court Disposition

Application for costs dismissed.

Orders

  • A hearing on the question of whether there should be an order for costs of the appeal is dispensed with.
  • The application for an order for costs of the appeal is dismissed.