Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 125

Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 125

Given the appellant was wholly unsuccessful on the appeal, and there was no disentitling conduct by the third respondent, the Appeal Panel awarded costs of $3816.14 to the third respondent and dismissed the appellant's application for costs, applying the combined effect of Rules 38 and 38A.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Internal Appeal / Costs Determination After Appeal Decision
Outcome
Costs order for third respondent, appellant's costs application dismissed
Legal Topics
['costs' 'appeal' 'consumer and Commercial Division' 'tribunal Rules']
['civil Procedure'] ['costs' 'appeal' 'consumer and Commercial Division' 'tribunal Rules']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal / Costs Determination After Appeal Decision

Legal Issues

  1. 1 ['Whether the appellant is entitled to a costs order for the appeal' 'Whether the third respondent is entitled to a costs order for the appeal']

Ratio Decidendi

Given the appellant was wholly unsuccessful on the appeal, and there was no disentitling conduct by the third respondent, the Appeal Panel awarded costs of $3816.14 to the third respondent and dismissed the appellant's application for costs, applying the combined effect of Rules 38 and 38A.

Court Disposition

Costs order for third respondent, appellant's costs application dismissed

Orders

  • ['The application for a costs order made by the appellant is dismissed.' "The appellant is to pay the third respondent's costs of the appeal assessed in the sum of $3816.14."]