Panayiotou v Prieston [2020] NSWCATAP 174
As the appeal was dismissed, the amount in dispute exceeded $30,000, and no special circumstances were identified against awarding costs, costs should follow the event and be awarded to the respondents, and the oral hearing on costs is dispensed with since the issues for determination can be adequately decided on the papers.
- Jurisdiction
- Australia
- Judgment Date
- 21 August 2020
- Procedural Posture
- Appeal / Costs Determination After Dismissal of Appeal
- Outcome
- Appeal dismissed; costs awarded to respondents; oral hearing on costs dispensed with
- Legal Topics
- ['costs' 'appeals' 'consumer and Commercial Division']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Legal Issues
- 1 ['Whether an oral hearing on costs should be dispensed with' 'Whether costs should follow the event after the dismissal of an appeal' 'Which costs principles apply in appeals from the Consumer and Commercial Division when amount in dispute exceeds $30,000']
Ratio Decidendi
As the appeal was dismissed, the amount in dispute exceeded $30,000, and no special circumstances were identified against awarding costs, costs should follow the event and be awarded to the respondents, and the oral hearing on costs is dispensed with since the issues for determination can be adequately decided on the papers.
Court Disposition
Appeal dismissed; costs awarded to respondents; oral hearing on costs dispensed with
Orders
- ['An oral hearing on costs is dispensed with.' "The appellant is to pay the respondents' costs of the appeal as agreed or assessed in accordance with s 60(4)(b) of the NCAT Act."]
Full Case Text
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