Ghazal v Masterton Homes Pty Ltd (No 2) [2018] NSWCATAP 258

Ghazal v Masterton Homes Pty Ltd (No 2) [2018] NSWCATAP 258

Because the appeal was lodged after 1 January 2016 and the underlying Consumer and Commercial Division claim exceeded $30,000, Rules 38 and 38A permitted an award of costs without proof of special circumstances. The appellants were wholly unsuccessful, the material did not justify indemnity costs or a fixed costs sum, and there was no reason to depart from the usual position that costs follow the event; accordingly the appellants were ordered to pay the respondent's costs of the appeal as agreed or assessed.

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Costs Determination in an NCAT Appeal Panel Appeal / On the Papers After Leave to Appeal Was Refused and the Appeal Was Otherwise Dismissed
Outcome
The respondent was awarded its costs of the appeal as agreed or assessed, and the question of costs was determined without a further oral hearing.
Legal Topics
['costs of Appeal' 'dispensing With Oral Hearing' 'rule 38 Costs Discretion' 'costs Following the Event']
['costs' 'civil Procedure' 'consumer and Commercial'] ['costs of Appeal' 'dispensing With Oral Hearing' 'rule 38 Costs Discretion' 'costs Following the Event']

Case Brief

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Procedural Posture

Costs Determination in an NCAT Appeal Panel Appeal / On the Papers After Leave to Appeal Was Refused and the Appeal Was Otherwise Dismissed

Legal Issues

  1. 1 ['Whether a further oral hearing should be held on the question of costs of the appeal.' 'Whether the Appeal Panel could award costs without finding special circumstances.' 'Whether the respondent should receive its costs of the appeal, including whether costs should be fixed or awarded on an indemnity basis.']

Ratio Decidendi

Because the appeal was lodged after 1 January 2016 and the underlying Consumer and Commercial Division claim exceeded $30,000, Rules 38 and 38A permitted an award of costs without proof of special circumstances. The appellants were wholly unsuccessful, the material did not justify indemnity costs or a fixed costs sum, and there was no reason to depart from the usual position that costs follow the event; accordingly the appellants were ordered to pay the respondent's costs of the appeal as agreed or assessed.

Court Disposition

The respondent was awarded its costs of the appeal as agreed or assessed, and the question of costs was determined without a further oral hearing.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs of the appeal be dispensed with.' "The appellants pay the respondent's costs of the appeal as agreed or assessed."]