Rathchime Pty Ltd v Willatt [2017] NSWCATAP 156

Rathchime Pty Ltd v Willatt [2017] NSWCATAP 156

There were no special circumstances warranting an award of costs to the appellant for the appeal under section 60 of the Act. The conduct referred to by the appellant related primarily to first instance proceedings, and the mere success on one ground of appeal did not justify a costs order.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Appeal / Costs Application After Appeal Determination
Outcome
Application for costs of the appeal dismissed.
Legal Topics
['costs' 'special Circumstances' 'appeals']
['civil Procedure'] ['costs' 'special Circumstances' 'appeals']

Case Brief

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Procedural Posture

Appeal / Costs Application After Appeal Determination

Legal Issues

  1. 1 ['Whether special circumstances under section 60 of the Civil and Administrative Tribunal Act 2013 warrant an award of costs in the appeal']

Ratio Decidendi

There were no special circumstances warranting an award of costs to the appellant for the appeal under section 60 of the Act. The conduct referred to by the appellant related primarily to first instance proceedings, and the mere success on one ground of appeal did not justify a costs order.

Court Disposition

Application for costs of the appeal dismissed.

Orders

  • ["The appellant's application for the costs of the Appeal is dismissed."]