Orell v Clas Concrete & Constructions Pty Ltd (No 2) [2024] NSWCATAP 261

Orell v Clas Concrete & Constructions Pty Ltd (No 2) [2024] NSWCATAP 261

The respondent's application to vary the costs order is dismissed because the appellant ultimately succeeded in material aspects of the appeal and the respondent could have conceded error but did not; the discretionary costs order is maintained except in relation to documents lodged without leave.

Parties
Appellant: Fernando Orell; Respondent: Clas Concrete & Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Appeal / Costs Determination After Appeal Decision
Outcome
Respondent's costs application dismissed. Costs awarded to appellant (excluding documents lodged without leave).
Legal Topics
Costs, Appeal
Civil Procedure Costs Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Fernando Orell

Appellant

Clas Concrete & Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination After Appeal Decision

Legal Issues

  1. 1 Whether a hearing of the respondent's application for variation of costs order should be dispensed with
  2. 2 Whether documents lodged without leave should be taken into account
  3. 3 Whether costs should be reserved pending remittance or respondent should pay appellant's costs

Ratio Decidendi

The respondent's application to vary the costs order is dismissed because the appellant ultimately succeeded in material aspects of the appeal and the respondent could have conceded error but did not; the discretionary costs order is maintained except in relation to documents lodged without leave.

Court Disposition

Respondent's costs application dismissed. Costs awarded to appellant (excluding documents lodged without leave).

Orders

  • A hearing of the application of the respondent in relation to the costs of the appeal lodged on 20 November 2024 is dispensed with.
  • The respondent is to pay the costs of the appeal of the appellant excluding the costs of and incidental to the documents lodged without the leave of the Appeal Panel on 13 December 2024 as agreed or assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW).