Treadgold-Svir v Dynamik Constructions Pty Ltd (No 2) [2023] NSWCATAP 271

Treadgold-Svir v Dynamik Constructions Pty Ltd (No 2) [2023] NSWCATAP 271

Given the appellant's limited success in the appeal, and applying rule 38, the respondent is entitled to 95% of the costs of the appeal; there is no proper basis to make a non-publication or redaction order as there is insufficient justification to displace open justice, and the appellant's privacy and career concerns do not amount to exceptional circumstances.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Appeal / Determination of Post Appeal Applications for Costs and Non Publication Order
Outcome
Appellant to pay 95% of respondent's costs of the appeal; application for non-publication/redaction order refused; no order otherwise on costs of first-instance proceedings (may be pursued at first instance).
Legal Topics
['costs' 'open Justice' 'non Publication Order' 'appeal Proceedings']
['civil Procedure'] ['costs' 'open Justice' 'non Publication Order' 'appeal Proceedings']

Case Brief

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Procedural Posture

Appeal / Determination of Post Appeal Applications for Costs and Non Publication Order

Legal Issues

  1. 1 ['Whether costs should be awarded and if so in what proportion following limited appellate success' 'Whether the Tribunal should make a non-publication or redaction order concerning the decision']

Ratio Decidendi

Given the appellant's limited success in the appeal, and applying rule 38, the respondent is entitled to 95% of the costs of the appeal; there is no proper basis to make a non-publication or redaction order as there is insufficient justification to displace open justice, and the appellant's privacy and career concerns do not amount to exceptional circumstances.

Court Disposition

Appellant to pay 95% of respondent's costs of the appeal; application for non-publication/redaction order refused; no order otherwise on costs of first-instance proceedings (may be pursued at first instance).

Orders

  • ['The hearing of the application for costs and the application for a non-publication order is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.' "The appellant is to pay 95% of the respondent's costs of the appeal proceedings, such costs to be as agreed or assessed on an ordinary...