Tadrosse v MacFayden & anor [2015] NSWCATAP 178

Tadrosse v MacFayden & anor [2015] NSWCATAP 178

Special circumstances existed justifying a costs order against the appellant, but not on an indemnity basis, as the proceedings were dismissed at a comparatively early stage and costs unnecessarily incurred should not be awarded.

Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Appeal / Costs Determination After Withdrawal of Appeal
Outcome
Appeal dismissed. Appellant to pay respondents' costs on a party and party basis.
Legal Topics
['costs' 'special Circumstances' 'appeal Withdrawal']
['civil Procedure'] ['costs' 'special Circumstances' 'appeal Withdrawal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Determination After Withdrawal of Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded against the appellant upon withdrawal of his appeal' 'Whether special circumstances justify indemnity costs']

Ratio Decidendi

Special circumstances existed justifying a costs order against the appellant, but not on an indemnity basis, as the proceedings were dismissed at a comparatively early stage and costs unnecessarily incurred should not be awarded.

Court Disposition

Appeal dismissed. Appellant to pay respondents' costs on a party and party basis.

Orders

  • ["The appellant pay the respondents' costs of the appeal on a party and party basis as agreed or as assessed."]