Gaetani v Schiliro [2018] NSWSC 1279

Gaetani v Schiliro [2018] NSWSC 1279

The existing appeal proceedings from the Tribunal are spent except for costs; Tribunal's directions do not impose legal obligation on parties except as noted; costs to be determined by written submissions unless oral hearing sought.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Appeal / Post Hearing Directions; Costs Submissions Pending
Outcome
Appeal proceedings treated as spent subject to costs; directions made for written submissions on costs; no substantive orders on appeal
Legal Topics
['disposition of Appeal Proceedings' 'consent Orders' 'costs Determination' 'proceedings in Supreme Court and Tribunal']
['practice & Procedure'] ['disposition of Appeal Proceedings' 'consent Orders' 'costs Determination' 'proceedings in Supreme Court and Tribunal']

Case Brief

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Procedural Posture

Appeal / Post Hearing Directions; Costs Submissions Pending

Legal Issues

  1. 1 ["Whether the Tribunal's directions imposed legal obligations" 'Whether consent orders conclusively determine appeal proceedings' 'Whether proceedings should proceed in Equity Division' "Appropriate course for spent appeal and Tribunal's jurisdiction" 'Determination of costs']

Ratio Decidendi

The existing appeal proceedings from the Tribunal are spent except for costs; Tribunal's directions do not impose legal obligation on parties except as noted; costs to be determined by written submissions unless oral hearing sought.

Court Disposition

Appeal proceedings treated as spent subject to costs; directions made for written submissions on costs; no substantive orders on appeal

Orders

  • ['Defendant to file and serve written submissions on costs within 14 days' "Plaintiffs to file and serve written submissions within 14 days of receiving defendant's submission" 'Matter may be listed for oral submissions upon application' 'If no application, issue of costs determined on papers; no further oral hearing']