Wagg v Farthing (No 2) [2015] NSWCATAP 263

The complexity of the appeal proceedings and the consequent need for the parties to be legally represented are sufficiently out of the ordinary to warrant an order for costs in this case.

Jurisdiction: Australia
Judgment Date: 09 December 2015
Procedural Posture: Appeal / Determination of Costs Following Dismissal of Appeal
Outcome: Costs awarded to Respondent; hearing on costs dispensed with
Legal Topics: ['whether to Dispense With a Hearing on Costs' 'whether Special Circumstances Exist to Award Costs']

['costs'] ['whether to Dispense With a Hearing on Costs' 'whether Special Circumstances Exist to Award Costs']

Case Brief

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Procedural Posture

Appeal / Determination of Costs Following Dismissal of Appeal

Legal Issues

1 ['Whether a hearing on costs should be dispensed with' 'Whether special circumstances exist to warrant an award of costs against the Appellant']

Ratio Decidendi

The complexity of the appeal proceedings and the consequent need for the parties to be legally represented are sufficiently out of the ordinary to warrant an order for costs in this case.

Court Disposition

Costs awarded to Respondent; hearing on costs dispensed with

Orders

['A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' "The Appellant is to pay the Respondent's costs of the appeal proceedings as agreed or assessed, within 28 days of such agreement or assessment."]