Lewis v Matuck (No 2) [2021] NSWCATAP 241

Lewis v Matuck (No 2) [2021] NSWCATAP 241

No special circumstances were identified or apparent to justify departing from the usual rule that each party bears their own costs; excess monies garnished from the appellant should be repaid by the respondent, less the amount ordered and Local Court fees.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Appeal / Post Appeal, Costs and Repayment Determination
Outcome
Appellant's application for costs dismissed; respondent to repay part of garnished funds; leave granted for future application if further execution occurs.
Legal Topics
['costs' 'repayment of Funds' 'appeals']
['civil Procedure'] ['costs' 'repayment of Funds' 'appeals']

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

Appeal / Post Appeal, Costs and Repayment Determination

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether the respondent should repay the appellant monies paid via garnishee order in excess of the amount now owing after appeal']

Ratio Decidendi

No special circumstances were identified or apparent to justify departing from the usual rule that each party bears their own costs; excess monies garnished from the appellant should be repaid by the respondent, less the amount ordered and Local Court fees.

Court Disposition

Appellant's application for costs dismissed; respondent to repay part of garnished funds; leave granted for future application if further execution occurs.

Orders

  • ['A hearing on costs is dispensed with.' "The appellant's application for costs of the appeal is dismissed." 'The respondent is to pay the appellant $815.38.' 'The appellant has leave to apply to the Appeal Panel after seven days notice to the respondent should any further execution occur in relation to the order of...