Polymeris v Coopers Canteen Pty Limited (No 2) [2018] NSWCATAP 175

Polymeris v Coopers Canteen Pty Limited (No 2) [2018] NSWCATAP 175

Though the appellant was denied procedural fairness, the substance of his claim had no tenable basis in fact and was inconsistent with his prior conduct, constituting special circumstances under s 60(3)(c), justifying a costs order in favour of the respondent.

Parties
Appellant: Harry Polymeris; Respondent: Coopers Canteen Pty Limited
Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Internal Appeal / Costs Determination After Appeal Dismissal
Outcome
The appellant is ordered to pay the respondent's costs of and incidental to the appeal proceedings, to be assessed under the relevant legal costs legislation.
Legal Topics
Costs, Appeals, Tribunal Procedure, Retail Leases
Civil Procedure Costs Appeals Tribunal Procedure Retail Leases

Case Brief

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Parties

Harry Polymeris

Appellant

Coopers Canteen Pty Limited

Respondent

Procedural Posture

Internal Appeal / Costs Determination After Appeal Dismissal

Legal Issues

  1. 1 Whether the 'amount in dispute' exceeded $30,000 for the purposes of Civil and Administrative Tribunal Rules r 38(2)(b)
  2. 2 Whether special circumstances exist for a costs order under s 60 Civil and Administrative Tribunal Act 2013

Ratio Decidendi

Though the appellant was denied procedural fairness, the substance of his claim had no tenable basis in fact and was inconsistent with his prior conduct, constituting special circumstances under s 60(3)(c), justifying a costs order in favour of the respondent.

Court Disposition

The appellant is ordered to pay the respondent's costs of and incidental to the appeal proceedings, to be assessed under the relevant legal costs legislation.

Orders

  • A hearing on the question of costs is dispensed with and the matter is determined on written submissions.
  • Harry Polymeris must pay Coopers Canteen Pty Limited's costs of and incidental to the appeal proceedings, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014.