Graham v Caravans & Motorhomes Pty Ltd t/as Jayco Newcastle [2022] NSWCATAP 209

Graham v Caravans & Motorhomes Pty Ltd t/as Jayco Newcastle [2022] NSWCATAP 209

The Tribunal failed to consider the application of rule 38, a material consideration, thus committed an error of law; as the appellant claimed more than $30,000, rule 38 applied and special circumstances were not required; given the evidence and concessions, the appellant would have almost certainly succeeded and the respondent effectively capitulated, warranting a costs order against Jayco Newcastle.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Appeal / Decision of the Appeal Panel
Outcome
Appeal allowed
Legal Topics
['costs' 'expert Evidence' 'repair Orders' 'settlement' 'jurisdictional Threshold']
['consumer Law' 'tribunal Procedure'] ['costs' 'expert Evidence' 'repair Orders' 'settlement' 'jurisdictional Threshold']

Case Brief

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Procedural Posture

Appeal / Decision of the Appeal Panel

Legal Issues

  1. 1 ['Whether the Tribunal erred in refusing costs to the appellant' 'Whether rule 38 of the Civil and Administrative Tribunal Rules applied' 'Whether special circumstances warranted an award of costs' 'Whether the consent orders amounted to capitulation or almost certain success for the appellant']

Ratio Decidendi

The Tribunal failed to consider the application of rule 38, a material consideration, thus committed an error of law; as the appellant claimed more than $30,000, rule 38 applied and special circumstances were not required; given the evidence and concessions, the appellant would have almost certainly succeeded and the respondent effectively capitulated, warranting a costs order against Jayco Newcastle.

Court Disposition

Appeal allowed

Orders

  • ["Order Caravans and Motor Homes Pty Ltd t/as Jayco Newcastle to pay the appellant's costs of application MV 21/45998, which are assessed at $5226.08, within 7 days of the date of these orders."]