Anderson v Chew [2022] NSWCATAP 218

Anderson v Chew [2022] NSWCATAP 218

As the solicitor's work claimed was for first instance proceedings and no costs application was made at that time, and as agent's fees are not allowable, the Appeal Panel lacked power to order costs.

Parties
Appellant: Gary Lindsay Anderson; Respondent: Nick Chew
Jurisdiction
Australia
Judgment Date
30 June 2022
Procedural Posture
Appeal / Costs Application After Withdrawal of Appeal
Outcome
Respondent's application for costs dismissed.
Legal Topics
Costs, Appeal, Jurisdiction of Appeal Panel
Civil Procedure Costs Appeal Jurisdiction of Appeal Panel

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Lindsay Anderson

Appellant

Nick Chew

Respondent

Procedural Posture

Appeal / Costs Application After Withdrawal of Appeal

Legal Issues

  1. 1 Whether the Appeal Panel has power to order costs for first instance proceedings where no costs application made at first instance
  2. 2 Whether the respondent is entitled to legal or agent's costs after withdrawal of the appeal

Ratio Decidendi

As the solicitor's work claimed was for first instance proceedings and no costs application was made at that time, and as agent's fees are not allowable, the Appeal Panel lacked power to order costs.

Court Disposition

Respondent's application for costs dismissed.

Orders

  • A hearing in person on the respondent's costs application is dispensed with.
  • The respondent's application for costs is dismissed.