Carlson v ARA Engine Reconditioning Pty Ltd (No 2) [2020] NSWCATAP 39

Carlson v ARA Engine Reconditioning Pty Ltd (No 2) [2020] NSWCATAP 39

Where the amount in dispute exceeded $30,000, r 38 and r 38A permitted a costs order in the absence of special circumstances. As the successful party in the appeal, ARA Engine Reconditioning was entitled to its costs of and incidental to the appeal proceedings on the ordinary basis, as there were no disentitling circumstances or relevant submissions to the contrary from Mr Carlson.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Appeal / Determination of Costs Following Dismissal of Appeal
Outcome
Costs hearing dispensed with; costs awarded to respondent on ordinary basis
Legal Topics
['costs' 'appeals' 'consumer Law']
['civil Procedure'] ['costs' 'appeals' 'consumer Law']

Case Brief

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Procedural Posture

Appeal / Determination of Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Should a hearing on costs be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013?' 'Should a costs order be made in respect of the appeal proceedings?' 'Which legislative provisions and legal principles apply to the costs application?' 'On what basis should any costs order be made?']

Ratio Decidendi

Where the amount in dispute exceeded $30,000, r 38 and r 38A permitted a costs order in the absence of special circumstances. As the successful party in the appeal, ARA Engine Reconditioning was entitled to its costs of and incidental to the appeal proceedings on the ordinary basis, as there were no disentitling circumstances or relevant submissions to the contrary from Mr Carlson.

Court Disposition

Costs hearing dispensed with; costs awarded to respondent on ordinary basis

Orders

  • ['A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' "Damien Carlson is to pay ARA Engine Reconditioning Pty Ltd's costs of and incidental to proceedings AP 18/53550, on the ordinary basis, as agreed or assessed."]