Wassef v Panagiotopoulos [2019] NSWCATAP 188

Wassef v Panagiotopoulos [2019] NSWCATAP 188

Special circumstances existed justifying an award of costs in favour of the respondent, as the appeal had weak prospects, concerned an interlocutory procedural decision, and the amount in dispute was relatively low. The parties' applications were properly determined without a hearing and in accordance with the written submissions.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Appeal / Costs Determination Following Refusal of Leave to Appeal
Outcome
Appellant's application for costs refused; appellant ordered to pay respondent's costs on the ordinary basis
Legal Topics
['costs' 'interlocutory Appeals' 'practice and Procedure in Ncat']
['civil Procedure'] ['costs' 'interlocutory Appeals' 'practice and Procedure in Ncat']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Determination Following Refusal of Leave to Appeal

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with' 'Which costs provisions apply to an appeal from an interlocutory decision' 'Whether special circumstances exist warranting a costs order in favour of either party']

Ratio Decidendi

Special circumstances existed justifying an award of costs in favour of the respondent, as the appeal had weak prospects, concerned an interlocutory procedural decision, and the amount in dispute was relatively low. The parties' applications were properly determined without a hearing and in accordance with the written submissions.

Court Disposition

Appellant's application for costs refused; appellant ordered to pay respondent's costs on the ordinary basis

Orders

  • ['A hearing on costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' "The appellant's application for costs is refused." "The appellant is to pay the respondent's costs of and incidental to the appeal on the ordinary basis, as agreed or assessed."]