Effective Building and Construction Pty Ltd v Jangoshian [2022] NSWCATAP 401

Effective Building and Construction Pty Ltd v Jangoshian [2022] NSWCATAP 401

The second respondent, though a required party, was fundamentally in a submitting position in the appeal except as to costs; his subsequent costs beyond initial submissions were unnecessarily incurred. The proper order is that the first respondent pay 70% and the appellant 30% of the second respondent’s appeal costs, on the ordinary basis up to 27 May 2022 and for costs submissions dated 23 June 2022, and on the indemnity basis for advice given 14 July 2022.

Parties
Appellant: Effective Building and Construction Pty Ltd; First Respondent: Alex Jangoshian; Second Respondent: Rae Palma
Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Appeal / Costs Determination Post Appeal
Outcome
Costs orders made in favour of the second respondent against the first respondent (70%) and appellant (30%) in respect of the appeal, with basis as specified.
Legal Topics
Costs, Internal Appeal, Submissions on Costs, Apportionment of Costs
Civil Procedure Costs Internal Appeal Submissions on Costs Apportionment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Effective Building and Construction Pty Ltd

Appellant

Alex Jangoshian

First Respondent

Rae Palma

Second Respondent

Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether the second respondent is entitled to his costs of the appeal, and on what basis and in what proportion those costs should be paid by the appellant and first respondent
  2. 2 Whether submitting parties are entitled to indemnity or ordinary costs where they did not participate except as to costs

Ratio Decidendi

The second respondent, though a required party, was fundamentally in a submitting position in the appeal except as to costs; his subsequent costs beyond initial submissions were unnecessarily incurred. The proper order is that the first respondent pay 70% and the appellant 30% of the second respondent’s appeal costs, on the ordinary basis up to 27 May 2022 and for costs submissions dated 23 June 2022, and on the indemnity basis for advice given 14 July 2022.

Court Disposition

Costs orders made in favour of the second respondent against the first respondent (70%) and appellant (30%) in respect of the appeal, with basis as specified.

Orders

  • A hearing of the application for costs is dispensed with.
  • The first respondent is to pay 70%, and the appellant is to pay 30% of the second respondent’s costs of the appeal as follows: (a) On the ordinary basis: (i) from institution of the appeal to 27 May 2022 (inclusive); (ii) of submissions on costs dated 23 June 2022. (b) On the indemnity basis for legal services...