Cavers v Gleeson [2021] NSWCATAP 147

Cavers v Gleeson [2021] NSWCATAP 147

The homeowners delayed for about two weeks after the Final Decision before withdrawing the appeal, thereby unreasonably prolonging the proceedings. This constituted special circumstances warranting a partial order for costs in favour of the respondent for the specified period.

Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Appeal / Decision on Costs Following Withdrawal of Appeal
Outcome
Partial costs order for respondent
Legal Topics
['withdrawal of Appeal' 'tribunal Costs Power' 'special Circumstances' 'federal Jurisdiction' 'home Building' 'procedural Fairness']
['costs'] ['withdrawal of Appeal' 'tribunal Costs Power' 'special Circumstances' 'federal Jurisdiction' 'home Building' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Decision on Costs Following Withdrawal of Appeal

Legal Issues

  1. 1 ['Whether rule 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) applies to the costs of the appeal' 'Whether special circumstances warranting an order for costs are present on withdrawal of the appeal' 'Appropriate costs order where appeal rendered otiose by subsequent decision']

Ratio Decidendi

The homeowners delayed for about two weeks after the Final Decision before withdrawing the appeal, thereby unreasonably prolonging the proceedings. This constituted special circumstances warranting a partial order for costs in favour of the respondent for the specified period.

Court Disposition

Partial costs order for respondent

Orders

  • ["The appellant is to pay the respondent's costs of the appeal on the ordinary basis for the period 3 March 2021 to 9 March 2021, as agreed or, if not agreed, then assessed under the legal costs legislation as defined in Legal Profession Uniform Law Application Act 2014 (NSW) s 3A."]