Clarke v Tapp [2015] NSWCATAP 81

The Tribunal had statutory power to extend time for the costs application, exercised discretion properly, and there were no issues of principle or injustice to justify leave to appeal. No error shown in reliance for awarding costs to the successful party. The appeal is dismissed.

Jurisdiction: Australia
Judgment Date: 07 May 2015
Procedural Posture: Internal Appeal (ncat) / Appeal Panel Decision
Outcome: Appeal dismissed, leave to appeal against decision extending time refused, costs order affirmed.
Legal Topics: ['extension of Time' 'costs Order' 'interlocutory Appeal' 'tribunal Discretion']

['administrative Law' 'civil Procedure' 'home Building'] ['extension of Time' 'costs Order' 'interlocutory Appeal' 'tribunal Discretion']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Internal Appeal (ncat) / Appeal Panel Decision

Legal Issues

1 ['Whether Tribunal had power to extend time for a costs application' 'Whether leave should be granted to appeal extension of time' 'Whether Tribunal erred in awarding costs to partially successful party']

Ratio Decidendi

Court Disposition

Appeal dismissed, leave to appeal against decision extending time refused, costs order affirmed.

Orders

['Leave is refused for the appellant to appeal against a decision to extend time to apply for costs.' "The Tribunal's decision that the respondent must pay the applicants' costs of and incidental to these proceedings is affirmed." 'The appeal is dismissed.']