NACE Consulting Pty Ltd v Sharp [2020] NSWCATAP 40

NACE Consulting Pty Ltd v Sharp [2020] NSWCATAP 40

Because the amount claimed or in dispute in the Consumer and Commercial Division proceedings was more than $30,000, rules 38 and 38A empowered the Appeal Panel to award costs of the appeal despite the absence of special circumstances. The Appellant withdrew the appeal after putting the first instance orders in issue, and the Respondent had been put to expense in responding to the appeal, so it was just that the Appellant compensate the Respondent for those costs.

Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Costs on Appeal in NCAT Appeal Panel Proceeding / Appeal Withdrawn and Dismissed; Costs Determined on the Papers
Outcome
The Appellant was ordered to pay the Respondent's costs of the appeal, and a hearing on costs was dispensed with.
Legal Topics
['costs on Appeal' 'ncat Consumer and Commercial Division' 'rules 38 and 38 A' 'withdrawal of Appeal']
['civil Procedure' 'costs' 'consumer and Commercial Tribunal Proceedings'] ['costs on Appeal' 'ncat Consumer and Commercial Division' 'rules 38 and 38 A' 'withdrawal of Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs on Appeal in NCAT Appeal Panel Proceeding / Appeal Withdrawn and Dismissed; Costs Determined on the Papers

Legal Issues

  1. 1 ["Whether the Appeal Panel should order the Appellant to pay the Respondent's costs of the withdrawn appeal." 'Whether costs of the appeal could be awarded despite the absence of special circumstances under s 60 of the Civil & Administrative Tribunal Act 2013 (NSW).' 'Whether a hearing on the question of costs should be dispensed with.']

Ratio Decidendi

Because the amount claimed or in dispute in the Consumer and Commercial Division proceedings was more than $30,000, rules 38 and 38A empowered the Appeal Panel to award costs of the appeal despite the absence of special circumstances. The Appellant withdrew the appeal after putting the first instance orders in issue, and the Respondent had been put to expense in responding to the appeal, so it was just that the Appellant compensate the Respondent for those costs.

Court Disposition

The Appellant was ordered to pay the Respondent's costs of the appeal, and a hearing on costs was dispensed with.

Orders

  • ["The Appellant is to pay the Respondent's costs of the appeal in an amount as agreed, or as assessed." 'A hearing on the question of costs is dispensed with.']