Chi v Roger Fuller Pty Ltd (No 2) [2018] NSWCATAP 220

Chi v Roger Fuller Pty Ltd (No 2) [2018] NSWCATAP 220

Special circumstances were established by the lack of substance, repetitiveness, and misconceived nature of the appellant's appeal grounds and submissions, warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 in favour of the respondent on a party/party basis, with no entitlement to a lump sum or indemnity costs.

Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Internal Appeal / Costs Decision After Appeal Dismissed
Outcome
Appellant to pay respondent's legal costs of the appeal on a party/party basis; appellant's application for costs dismissed.
Legal Topics
['costs' 'special Circumstances for Costs' 'party/party Costs Assessment' 'self Represented Litigants']
['civil Procedure'] ['costs' 'special Circumstances for Costs' 'party/party Costs Assessment' 'self Represented Litigants']

Case Brief

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Procedural Posture

Internal Appeal / Costs Decision After Appeal Dismissed

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an award of costs under s 60(2) Civil and Administrative Tribunal Act 2013' 'Whether a lump sum or indemnity costs order should be made' "Whether director's personal expenses are recoverable as costs"]

Ratio Decidendi

Special circumstances were established by the lack of substance, repetitiveness, and misconceived nature of the appellant's appeal grounds and submissions, warranting a costs order under s 60(2) of the Civil and Administrative Tribunal Act 2013 in favour of the respondent on a party/party basis, with no entitlement to a lump sum or indemnity costs.

Court Disposition

Appellant to pay respondent's legal costs of the appeal on a party/party basis; appellant's application for costs dismissed.

Orders

  • ['The costs application is determined on the papers with an oral hearing dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013.' "The appellant is to pay the respondent's legal costs of the appeal on a party/party basis as agreed or assessed on the basis set out in the legal costs...