Solomons v Valley Motor Auctions Pty Ltd [2017] NSWCATAP 31

Solomons v Valley Motor Auctions Pty Ltd [2017] NSWCATAP 31

Because the appellant's claim as made and pursued on appeal exceeded $30,000, Rule 38(2)(b) applied through Rule 38A despite the Tribunal's view that the claim was inflated and worth $13,000. The appellant's lack of representation when filing the appeal did not displace the ordinary costs consequence of abandoning the appeal. The respondent was entitled to compensation for costs reasonably incurred in preparing for the appeal, but a lump sum of $3,500 was appropriate to avoid further costs and to reflect the appellant's submissions.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Internal Appeal Costs Decision Arising From Consumer and Commercial Division Proceedings Concerning Alleged Defects in a Second Hand Motor Vehicle / After the Appellant Withdrew Her Appeal at a Directions Hearing; Costs Reserved for Determination
Outcome
Costs awarded to the 1st respondent against the appellant after the appellant withdrew the appeal.
Legal Topics
['costs of Abandoned Appeal' 'internal Appeals in Ncat' 'consumer and Commercial Division Costs' 'lump Sum Costs Award' 'unrepresented Litigant']
['civil Procedure' 'costs' 'consumer Law' 'tribunal Procedure'] ['costs of Abandoned Appeal' 'internal Appeals in Ncat' 'consumer and Commercial Division Costs' 'lump Sum Costs Award' 'unrepresented Litigant']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal Costs Decision Arising From Consumer and Commercial Division Proceedings Concerning Alleged Defects in a Second Hand Motor Vehicle / After the Appellant Withdrew Her Appeal at a Directions Hearing; Costs Reserved for Determination

Legal Issues

  1. 1 ['Whether the costs provisions in s.60 of the Civil and Administrative Tribunal Act (NSW) or Rule 38 applied to the appeal costs issue' "Whether the appellant's claim exceeded $30,000 for the purpose of Rule 38(2)(b) despite the Tribunal's finding that the claim was inflated" "Whether the appellant's lack of legal representation and early withdrawal justified departure from the usual costs consequence" 'Whether costs should be awarded as a lump sum and in what amount']

Ratio Decidendi

Because the appellant's claim as made and pursued on appeal exceeded $30,000, Rule 38(2)(b) applied through Rule 38A despite the Tribunal's view that the claim was inflated and worth $13,000. The appellant's lack of representation when filing the appeal did not displace the ordinary costs consequence of abandoning the appeal. The respondent was entitled to compensation for costs reasonably incurred in preparing for the appeal, but a lump sum of $3,500 was appropriate to avoid further costs and to reflect the appellant's submissions.

Court Disposition

Costs awarded to the 1st respondent against the appellant after the appellant withdrew the appeal.

Orders

  • ['The appellant is to pay the costs of the appeal assessed by way of lump sum award in the amount of $3,500.00.']