RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393

RBV Builders Pty Ltd v Chedra (No 2) [2021] NSWCATAP 393

Rule 38 does not authorise the award of the costs of the costs appeal in the absence of special circumstances, and on an appeal as to costs only, it is not practical to characterise costs as an amount 'claimed' or 'in dispute' for the purposes of that rule; as the respondent did not establish special circumstances, the application for costs is dismissed.

Parties
Appellant: RBV Builders Pty Ltd; Respondent: George Chedra; Respondent: Nerida Chedra
Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Appeal / Costs Determination Following Disposal of Substantive and Costs Appeals
Outcome
Respondent's application for the costs of the costs appeal is dismissed; there will be no order as to the costs of the costs appeal; hearing as to costs dispensed with.
Legal Topics
Costs, Appeal Procedure, Statutory Interpretation
Civil Procedure Costs Appeal Procedure Statutory Interpretation

Case Brief

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Parties

RBV Builders Pty Ltd

Appellant

George Chedra

Respondent

Nerida Chedra

Respondent

Procedural Posture

Appeal / Costs Determination Following Disposal of Substantive and Costs Appeals

Legal Issues

  1. 1 Whether the Appeal Panel is authorised under rule 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) to award the costs of the costs appeal in the absence of special circumstances
  2. 2 Whether the amount in dispute in the costs appeal exceeded $30,000 for the purposes of rule 38

Ratio Decidendi

Rule 38 does not authorise the award of the costs of the costs appeal in the absence of special circumstances, and on an appeal as to costs only, it is not practical to characterise costs as an amount 'claimed' or 'in dispute' for the purposes of that rule; as the respondent did not establish special circumstances, the application for costs is dismissed.

Court Disposition

Respondent's application for the costs of the costs appeal is dismissed; there will be no order as to the costs of the costs appeal; hearing as to costs dispensed with.

Orders

  • A hearing in respect of the costs of appeal AP 20/18109 is dispensed with.
  • The respondent's application for the costs of the costs appeal is dismissed.