Goncalves v Bora Developments Pty Ltd (No 2) [2021] NSWCATAP 332

As the amount in dispute exceeded $30,000 and no disentitling circumstance was established, the usual rule applies: the appellant must pay the respondent's costs of the appeal.

Parties: Appellant: Bianca Goncalves; Respondent: Bora Developments Pty Ltd
Jurisdiction: Australia
Judgment Date: 27 October 2021
Procedural Posture: Appeal / Costs Determination Following Refusal of Leave to Appeal and Dismissal of Appeal
Outcome: Appellant to pay the respondent's costs of the appeal, as agreed or assessed. No hearing on costs required.
Legal Topics: Costs, Internal Appeal, Civil and Administrative Tribunal

Civil Procedure Costs Internal Appeal Civil and Administrative Tribunal

Case Brief

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Parties

Bianca Goncalves

Appellant

Bora Developments Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination Following Refusal of Leave to Appeal and Dismissal of Appeal

Legal Issues

1 Whether the usual rule on costs applies to internal appeal where amount in dispute exceeds $30,000
2 Whether any disentitling conduct or circumstances displace the operation of the usual rule for costs

Ratio Decidendi

As the amount in dispute exceeded $30,000 and no disentitling circumstance was established, the usual rule applies: the appellant must pay the respondent's costs of the appeal.

Court Disposition

Appellant to pay the respondent's costs of the appeal, as agreed or assessed. No hearing on costs required.

Orders

Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), a hearing of the costs issues in this appeal is dispensed with.
The appellant is to pay the respondent's costs of the appeal, as agreed or assessed.