Dyldam Developments Pty Ltd v Mewing (No 2) [2019] NSWCATAP 258

Dyldam Developments Pty Ltd v Mewing (No 2) [2019] NSWCATAP 258

The application to suspend assessment or operation of the appeal costs order was dismissed because the appeal proceedings had been finalised, the costs of those proceedings were distinct from and separate to the transferred first instance proceedings, and any assessment of appeal costs would concern issues raised in the appeal independently of the substantive court proceedings.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Costs Application in Appeal Proceedings / Application to Vary Costs Order Determined on the Papers
Outcome
Application dismissed; hearing dispensed with; no order for costs of the application.
Legal Topics
['transfer of Proceedings to a Court' 'assessment of Costs of Unsuccessful Appeal' 'dispensing With a Hearing']
['civil Procedure' 'costs'] ['transfer of Proceedings to a Court' 'assessment of Costs of Unsuccessful Appeal' 'dispensing With a Hearing']

Case Brief

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Procedural Posture

Costs Application in Appeal Proceedings / Application to Vary Costs Order Determined on the Papers

Legal Issues

  1. 1 ['Whether a hearing of the application to vary the costs order should be dispensed with.' "Whether the costs order requiring the appellant to pay the respondents' costs of the appeal should be varied so that its operation, or assessment of costs, is suspended until determination of the District Court proceedings." 'Whether any costs order should be made in respect of the unsuccessful application.']

Ratio Decidendi

The application to suspend assessment or operation of the appeal costs order was dismissed because the appeal proceedings had been finalised, the costs of those proceedings were distinct from and separate to the transferred first instance proceedings, and any assessment of appeal costs would concern issues raised in the appeal independently of the substantive court proceedings.

Court Disposition

Application dismissed; hearing dispensed with; no order for costs of the application.

Orders

  • ['A hearing of the application to vary the costs order made 14 August 2017 is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.' 'The application is dismissed.' 'No order for costs in respect of the application.']