Channell v Graham [2017] NSWCATAP 129
The respondent is entitled to an order for costs of the appeal as the appellant initiated the appeal, compelling the respondent to incur expenses, and the appeal was subsequently withdrawn, with no disentitling conduct by the respondent; withdrawal and consequent dismissal constitutes the relevant event for costs.
- Jurisdiction
- Australia
- Judgment Date
- 09 June 2017
- Procedural Posture
- Appeal / Costs Determination After Appeal Withdrawal
- Outcome
- Appellant to pay respondent's costs of and incidental to the appeal in an amount to be agreed or assessed.
- Legal Topics
- ['appeal Withdrawal' 'costs Orders' 'consumer and Commercial Division']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Costs Determination After Appeal Withdrawal
Legal Issues
- 1 ['Whether costs should be ordered against the appellant following withdrawal of appeal' 'Which statutory or regulatory provision governs cost orders in appeal proceedings']
Ratio Decidendi
The respondent is entitled to an order for costs of the appeal as the appellant initiated the appeal, compelling the respondent to incur expenses, and the appeal was subsequently withdrawn, with no disentitling conduct by the respondent; withdrawal and consequent dismissal constitutes the relevant event for costs.
Court Disposition
Appellant to pay respondent's costs of and incidental to the appeal in an amount to be agreed or assessed.
Orders
- ['A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.' "The appellant is to pay the respondent's costs of and incidental to the appeal in an amount to be agreed or assessed."]
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