Singh v Fobupu Pty Ltd [2018] NSWCATAP 127

Singh v Fobupu Pty Ltd [2018] NSWCATAP 127

The amount claimed or in dispute in the first instance Consumer and Commercial Division proceedings was more than $30,000, so r 38 applied despite s 60. Under r 38A the Appeal Panel had to apply those first instance costs provisions to the internal appeal, including an application for leave to appeal an interlocutory decision. Because the respondents were successful in resisting leave to appeal, and no matter raised by the applicant justified departing from the usual rule that the successful party receives costs, the applicant was ordered to pay the respondents' costs on an ordinary basis, as agreed or assessed.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Internal Appeal Costs Application in the NSW Civil and Administrative Tribunal Appeal Panel / Costs Determination on the Papers After Dismissal of Application for Leave to Appeal an Interlocutory Decision
Outcome
The hearing was dispensed with and the respondents were awarded their costs of the dismissed application for leave to appeal on an ordinary basis.
Legal Topics
['costs in Internal Appeals' 'civil and Administrative Tribunal Rules 2014 (nsw) Rr 38 and 38 A' 'civil and Administrative Tribunal Act 2013 (nsw) S 60' 'dispensing With a Hearing Under S 50(2)' 'application for Leave to Appeal Dismissed']
['costs' 'civil Procedure' 'tribunal Procedure'] ['costs in Internal Appeals' 'civil and Administrative Tribunal Rules 2014 (nsw) Rr 38 and 38 A' 'civil and Administrative Tribunal Act 2013 (nsw) S 60' 'dispensing With a Hearing Under S 50(2)' 'application for Leave to Appeal Dismissed']

Case Brief

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Procedural Posture

Internal Appeal Costs Application in the NSW Civil and Administrative Tribunal Appeal Panel / Costs Determination on the Papers After Dismissal of Application for Leave to Appeal an Interlocutory Decision

Legal Issues

  1. 1 ['Whether the hearing of the costs application should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW).' 'Whether r 38A required the Appeal Panel to apply the first instance costs provisions in r 38 when deciding costs of the internal appeal.' 'Whether r 38 applied where the internal appeal was an application for leave to appeal an interlocutory decision.' 'Whether the amount claimed or in dispute in the first instance proceedings was more than $30,000.' "Whether the applicant should pay the respondents' costs on an ordinary basis or whether no costs order, costs in the cause, or indemnity costs should be ordered."]

Ratio Decidendi

The amount claimed or in dispute in the first instance Consumer and Commercial Division proceedings was more than $30,000, so r 38 applied despite s 60. Under r 38A the Appeal Panel had to apply those first instance costs provisions to the internal appeal, including an application for leave to appeal an interlocutory decision. Because the respondents were successful in resisting leave to appeal, and no matter raised by the applicant justified departing from the usual rule that the successful party receives costs, the applicant was ordered to pay the respondents' costs on an ordinary basis, as agreed or assessed.

Court Disposition

The hearing was dispensed with and the respondents were awarded their costs of the dismissed application for leave to appeal on an ordinary basis.

Orders

  • ['The hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW).' 'The applicant is to pay the costs of the respondents, as agreed or assessed, on an ordinary basis.']