Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 104

The appellants succeeded on the issue of the identity of the contracting party, resolving a key dispute in their favour. Given the sum in issue exceeded $30,000, rr 38 and 38A enabled a costs award without special circumstances, and it was just for the respondent to pay the appellants' appeal costs because their opposition was unsuccessful.

Jurisdiction: Australia
Judgment Date: 26 April 2019
Procedural Posture: Appeal / Post Appeal, Costs Determination
Outcome: Costs of the appeal awarded to appellants; hearing on costs dispensed with.
Legal Topics: ['costs' 'internal Appeals']

['civil Procedure'] ['costs' 'internal Appeals']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Appeal, Costs Determination

Legal Issues

1 ["Whether the respondent should pay the appellants' costs of the appeal" 'Whether rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 apply' 'Whether special circumstances under s 60 of the NCAT Act warrant a costs order']

Ratio Decidendi

Court Disposition

Costs of the appeal awarded to appellants; hearing on costs dispensed with.

Orders

['A hearing on the matter of costs of the appeal is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013' "The respondent is to pay the appellants' costs of the appeal as agreed or as assessed."]