Ingate v Andrews [2018] NSWCATAP 170

Ingate v Andrews [2018] NSWCATAP 170

The amount in dispute on the appeal was $19,682.24, which was not more than $30,000, so costs could only be awarded if special circumstances warranted an order. Although most grounds of appeal were weak, some had no merit or were withdrawn, and Mr Andrews incurred unnecessary expense in responding to them, one ground raised a serious issue and Mr Ingate was self-represented. In all the circumstances, the matters relied on did not warrant an award of costs.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Costs Application in Internal Appeal in Proceedings in the Consumer and Commercial Division of NCAT / Appeal Panel, on the Papers After Appeal Dismissed
Outcome
The Respondent's application for costs was refused.
Legal Topics
['costs of Internal Appeal' 'special Circumstances for Costs' 'amount Claimed or in Dispute' 'quantum Meruit' 'building Contract Variations']
['civil Procedure' 'costs' 'consumer and Commercial Proceedings' 'building and Construction'] ['costs of Internal Appeal' 'special Circumstances for Costs' 'amount Claimed or in Dispute' 'quantum Meruit' 'building Contract Variations']

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Procedural Posture

Costs Application in Internal Appeal in Proceedings in the Consumer and Commercial Division of NCAT / Appeal Panel, on the Papers After Appeal Dismissed

Legal Issues

  1. 1 ['Whether the amount claimed or in dispute on appeal was more than $30,000 for the purposes of the Civil and Administrative Tribunal Rules 2014 (NSW).' 'If the amount in dispute was less than $30,000, whether there were special circumstances warranting an award of costs.' 'If costs were to be awarded, whether they should be awarded as a lump sum or as agreed or assessed.']

Ratio Decidendi

The amount in dispute on the appeal was $19,682.24, which was not more than $30,000, so costs could only be awarded if special circumstances warranted an order. Although most grounds of appeal were weak, some had no merit or were withdrawn, and Mr Andrews incurred unnecessary expense in responding to them, one ground raised a serious issue and Mr Ingate was self-represented. In all the circumstances, the matters relied on did not warrant an award of costs.

Court Disposition

The Respondent's application for costs was refused.

Orders

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