Zeait v Singh [2018] NSWCATAP 109

Zeait v Singh [2018] NSWCATAP 109

The primary proceedings included claims and relief in excess of $30,000 and the Tribunal's assessment that r 38(2)(b) applied was correct; the reasons, although brief, were adequate; the appeal was, at worst, one day late and the delay excused. The Tribunal's costs discretion was properly exercised, justifying dismissal of the appeal.

Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Appeal / Final Decision of Appeal Panel, Appeal From Consumer and Commercial Division on Costs Order
Outcome
Appeal dismissed; leave to appeal refused; directions for costs submissions made.
Legal Topics
['costs' 'application of Rule 38(2) Civil and Administrative Tribunal Rules 2014' 'appeal Procedure']
['civil Procedure'] ['costs' 'application of Rule 38(2) Civil and Administrative Tribunal Rules 2014' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Final Decision of Appeal Panel, Appeal From Consumer and Commercial Division on Costs Order

Legal Issues

  1. 1 ['Whether the Tribunal erred in being satisfied that the amount claimed or in dispute in the proceedings was more than $30,000 for the purposes of r 38(2)(b) of the Civil and Administrative Tribunal Rules 2014 (NSW)' 'Whether the Tribunal gave adequate reasons for its decision to award costs' 'Whether the appeal was filed in time']

Ratio Decidendi

The primary proceedings included claims and relief in excess of $30,000 and the Tribunal's assessment that r 38(2)(b) applied was correct; the reasons, although brief, were adequate; the appeal was, at worst, one day late and the delay excused. The Tribunal's costs discretion was properly exercised, justifying dismissal of the appeal.

Court Disposition

Appeal dismissed; leave to appeal refused; directions for costs submissions made.

Orders

  • ['Appeal dismissed.' 'Leave to appeal refused.' 'The respondent to file submissions as to costs on or before 24 May 2018.' 'The appellant may respond on or before 7 June 2018.']