White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 236

White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 236

As the successful party on appeal and in the absence of disentitling conduct or any valid Calderbank offer evidenced, Sunrise Pools is entitled to an order for the costs of the appeal; the need for legal representation is not relevant where leave has been granted and cannot be revisited at this stage.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Appeal / Determination of Costs Application and Application for Leave to Appeal Costs Decision
Outcome
Appellant to pay respondent's costs of the appeal; respondent's application for leave to appeal costs decision below dismissed.
Legal Topics
['application for Costs of Appeal' 'success of Party and Costs Following the Event' 'calderbank Offer' 'legal Representation and Relevance to Costs Discretion' 'application for Leave to Appeal Costs Decision']
['costs' 'home Building'] ['application for Costs of Appeal' 'success of Party and Costs Following the Event' 'calderbank Offer' 'legal Representation and Relevance to Costs Discretion' 'application for Leave to Appeal Costs Decision']

Case Brief

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Procedural Posture

Appeal / Determination of Costs Application and Application for Leave to Appeal Costs Decision

Legal Issues

  1. 1 ['Whether costs should be awarded to the successful respondent on appeal' 'Whether a Calderbank offer was made and should be taken into account' 'Whether the need for legal representation is relevant to awarding costs' 'Whether leave to appeal from the costs decision below should be granted']

Ratio Decidendi

As the successful party on appeal and in the absence of disentitling conduct or any valid Calderbank offer evidenced, Sunrise Pools is entitled to an order for the costs of the appeal; the need for legal representation is not relevant where leave has been granted and cannot be revisited at this stage.

Court Disposition

Appellant to pay respondent's costs of the appeal; respondent's application for leave to appeal costs decision below dismissed.

Orders

  • ["The appellant is to pay the respondent's costs of this appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014)." "The respondent's application for leave to appeal from the costs decision below is dismissed."]