CPD Holdings Pty Ltd v Baguley [2016] NSWCATAP 160

CPD Holdings Pty Ltd v Baguley [2016] NSWCATAP 160

None of the circumstances advanced by the builder (nature and complexity, success on appeal, amount of costs, discretion at first instance) individually or cumulatively constitute special circumstances warranting the award of costs on appeal per s 60 of the NCAT Act.

Parties
Appellant: CPD Holdings Pty Ltd; Respondent: John Baguley; Respondent: Daniella Baguley
Jurisdiction
Australia
Judgment Date
25 July 2016
Procedural Posture
Appeal / Decision on Costs Application After Appeal Determination
Outcome
Appellant's application for costs dismissed
Legal Topics
Costs, Special Circumstances, Appeals
Civil Procedure Costs Special Circumstances Appeals

Case Brief

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Parties

CPD Holdings Pty Ltd

Appellant

John Baguley

Respondent

Daniella Baguley

Respondent

Procedural Posture

Appeal / Decision on Costs Application After Appeal Determination

Legal Issues

  1. 1 Whether special circumstances warrant an award of costs in favour of the Appellant on appeal

Ratio Decidendi

None of the circumstances advanced by the builder (nature and complexity, success on appeal, amount of costs, discretion at first instance) individually or cumulatively constitute special circumstances warranting the award of costs on appeal per s 60 of the NCAT Act.

Court Disposition

Appellant's application for costs dismissed

Orders

  • A hearing is not required.
  • The Appellant's application for costs is dismissed.