Sun v Li (No 2) [2016] NSWCATAP 205

Sun v Li (No 2) [2016] NSWCATAP 205

Although the appellant succeeded on two out of six grounds of appeal, this does not of itself justify an award of costs. The appellant did not distinguish costs relating to successful and unsuccessful grounds and raised various assertions late in the costs process not supported by findings below or overturned on appeal. The tribunal exercised its general discretion not to order costs in favour of any party.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Appeal / Costs Application After Determination of Appeal
Outcome
Application for costs of the appeal dismissed. Each party to pay their own costs of the appeals.
Legal Topics
['costs' 'appeal Costs' 'discretion to Award Costs' 'rules 38 and 38 a Civil and Administrative Tribunal Rules 2014']
['civil Procedure'] ['costs' 'appeal Costs' 'discretion to Award Costs' 'rules 38 and 38 a Civil and Administrative Tribunal Rules 2014']

Case Brief

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Procedural Posture

Appeal / Costs Application After Determination of Appeal

Legal Issues

  1. 1 ['Whether costs of the appeal should be awarded to the appellant' 'Whether the conduct of the respondent justified an award of costs to the appellant' 'How the discretion to award costs should be exercised under the relevant statutory regime']

Ratio Decidendi

Although the appellant succeeded on two out of six grounds of appeal, this does not of itself justify an award of costs. The appellant did not distinguish costs relating to successful and unsuccessful grounds and raised various assertions late in the costs process not supported by findings below or overturned on appeal. The tribunal exercised its general discretion not to order costs in favour of any party.

Court Disposition

Application for costs of the appeal dismissed. Each party to pay their own costs of the appeals.

Orders

  • ['The application by Mr Sun for the costs of the appeals is dismissed.' 'Each party is to pay their own costs of the appeals.']