Maiolo v Chiarelli (No 2) [2018] NSWCATAP 86

Maiolo v Chiarelli (No 2) [2018] NSWCATAP 86

Special circumstances justifying a costs order in the appellant's favour existed because respondents raised matters outside the remitter scope, failed to adduce effective evidence on payment due, and made unsuccessful submissions under the Home Building Act 1989; thus, the order for respondents to pay appellant's costs was confirmed, with minor extensions of time granted for filing submissions.

Jurisdiction
Australia
Judgment Date
11 April 2018
Procedural Posture
Appeal / Costs Application Following Remitter From Supreme Court
Outcome
Extensions of time granted for filing costs materials; earlier costs order in appellant's favour confirmed.
Legal Topics
['costs' 'extension of Time' 'special Circumstances' 'home Building']
['civil Procedure'] ['costs' 'extension of Time' 'special Circumstances' 'home Building']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Remitter From Supreme Court

Legal Issues

  1. 1 ['Whether extensions of time should be granted for filing costs application and response' 'Whether special circumstances exist to warrant costs order deviating from default position under section 60 of Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

Special circumstances justifying a costs order in the appellant's favour existed because respondents raised matters outside the remitter scope, failed to adduce effective evidence on payment due, and made unsuccessful submissions under the Home Building Act 1989; thus, the order for respondents to pay appellant's costs was confirmed, with minor extensions of time granted for filing submissions.

Court Disposition

Extensions of time granted for filing costs materials; earlier costs order in appellant's favour confirmed.

Orders

  • ['Respondents granted extension of time to 14 February 2018 to file and serve costs application.' 'Appellant granted extension of time to 5 March 2018 to file and serve response to costs application.' 'Order 2 of orders made on 22 January 2018 is confirmed.']