Castagnone v Pro-Street Restorations Pty Ltd [2023] NSWCATAP 215

Castagnone v Pro-Street Restorations Pty Ltd [2023] NSWCATAP 215

Special circumstances were found as the appellant's conduct in the appeal (failure to comply with directions, last-minute withdrawal, and causing unnecessary disadvantage and delay) warranted a departure from the general rule on costs. Consequently, the appellant was ordered to pay the respondent's costs of the...

Source-derived case information.

Parties
Appellant: Jason Castagnone; Respondent: Pro-Street Restorations Pty Ltd
Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Appeal / Decision on Costs After Withdrawal of Appeal
Outcome
Appellant to pay respondent's costs of the appeal on the ordinary basis; no hearing of costs application required; no additional conditions imposed on withdrawal.
Legal Topics
Costs, Appeals, Withdrawal of Proceedings
Civil Procedure Costs Appeals Withdrawal of Proceedings

Source-derived case record

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Parties

Jason Castagnone

Appellant

Pro-Street Restorations Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Costs After Withdrawal of Appeal

Legal Issues

  1. 1 Whether special circumstances exist warranting an order for costs against the appellant upon withdrawal of the appeal
  2. 2 Appropriate conditions for withdrawal of the appeal

Ratio Decidendi

Special circumstances were found as the appellant's conduct in the appeal (failure to comply with directions, last-minute withdrawal, and causing unnecessary disadvantage and delay) warranted a departure from the general rule on costs. Consequently, the appellant was ordered to pay the respondent's costs of the appeal on the ordinary basis.

Court Disposition

Appellant to pay respondent's costs of the appeal on the ordinary basis; no hearing of costs application required; no additional conditions imposed on withdrawal.

Orders

  • A hearing of the application for costs is dispensed with.
  • The appellant is to pay the respondent's costs of the appeal on the ordinary basis, as agreed or as assessed.