Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 191

Cubic Metre Pty Ltd v C & E Critharis Constructions Pty Ltd [2019] NSWCATAP 191

Neither party established special circumstances warranting an award of costs. The appellant's success on appeal did not mean that the appeal was so obviously meritorious that the respondent should have consented to remittal, and neither the strength of the grounds nor the time taken to deal with the appeal justified costs. Although the Appeal Panel ultimately made the same first instance costs order after re-exercising the discretion, the appellant was successful on appeal, and pursuing an appeal involving a relatively small amount in dispute did not justify a costs order against it.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Appeal Costs Application / Appeal Panel Determination on the Papers After Successful Appeal From First Instance Costs Decision
Outcome
Both applications for costs were refused.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs Order' 'internal Appeal' 'withdrawal of Application' 're Exercise of Costs Discretion']
['civil Procedure' 'costs' 'consumer and Commercial Proceedings'] ['costs of Appeal' 'special Circumstances for Costs Order' 'internal Appeal' 'withdrawal of Application' 're Exercise of Costs Discretion']

Case Brief

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Procedural Posture

Appeal Costs Application / Appeal Panel Determination on the Papers After Successful Appeal From First Instance Costs Decision

Legal Issues

  1. 1 ['Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs in favour of the appellant in the appeal proceedings.' 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs in favour of the respondent in the appeal proceedings.']

Ratio Decidendi

Neither party established special circumstances warranting an award of costs. The appellant's success on appeal did not mean that the appeal was so obviously meritorious that the respondent should have consented to remittal, and neither the strength of the grounds nor the time taken to deal with the appeal justified costs. Although the Appeal Panel ultimately made the same first instance costs order after re-exercising the discretion, the appellant was successful on appeal, and pursuing an appeal involving a relatively small amount in dispute did not justify a costs order against it.

Court Disposition

Both applications for costs were refused.

Orders

  • ["The appellant's application for costs is refused." "The respondent's application for costs is refused."]