Abdelmessiah v Lifestyle Marketing Pty Limited [2023] NSWCATAP 226

Abdelmessiah v Lifestyle Marketing Pty Limited [2023] NSWCATAP 226

Neither party demonstrated or established that the amount in dispute on appeal exceeded $30,000 nor that special circumstances existed for costs. Therefore, both applications for costs of the appeal are dismissed.

Jurisdiction
Australia
Judgment Date
15 August 2023
Procedural Posture
Appeal / Costs Application Following Appeal Decision
Outcome
Applications for costs by appellant and second respondent dismissed; no order as to costs of appeal
Legal Topics
['costs of Appeal' 'civil and Administrative Tribunal Rule 38' 'amount in Dispute']
['costs'] ['costs of Appeal' 'civil and Administrative Tribunal Rule 38' 'amount in Dispute']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Appeal Decision

Legal Issues

  1. 1 ['Whether costs of the appeal should be awarded to either party' 'Whether the amount in dispute on appeal exceeded $30,000 for purposes of Rule 38(2) of the Civil and Administrative Tribunal Rules 2014 (NSW)' 'Whether special circumstances exist to warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

Neither party demonstrated or established that the amount in dispute on appeal exceeded $30,000 nor that special circumstances existed for costs. Therefore, both applications for costs of the appeal are dismissed.

Court Disposition

Applications for costs by appellant and second respondent dismissed; no order as to costs of appeal

Orders

  • ["A hearing in respect of the costs' applications concerning costs of the appeal is dispensed with" "The appellant's application for her costs of the appeal to be paid by the respondents is dismissed" "The second respondent's application for its costs of the appeal to be paid by the appellant is dismissed"]