Cleary v Pavier (No 2) [2016] NSWCATAP 262

The respondents did not satisfy the Tribunal that special circumstances existed warranting an award of costs; accordingly, the application for costs was dismissed.

Jurisdiction: Australia
Judgment Date: 01 December 2016
Procedural Posture: Appeal / Application for Costs After Dismissal of Appeal
Outcome: Application for costs dismissed
Legal Topics: ['costs' 'home Building' 'appeal Panel' 'special Circumstances']

['civil Procedure'] ['costs' 'home Building' 'appeal Panel' 'special Circumstances']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Application for Costs After Dismissal of Appeal

Legal Issues

1 ['Whether special circumstances exist to warrant an award of costs on appeal']

Ratio Decidendi

The respondents did not satisfy the Tribunal that special circumstances existed warranting an award of costs; accordingly, the application for costs was dismissed.

Court Disposition

Application for costs dismissed

Orders

['The application for an order for costs is dismissed']