Pace v Pratelli (No 2) [2022] NSWCATAP 156

Pace v Pratelli (No 2) [2022] NSWCATAP 156

The appeal did not involve an amount claimed or in dispute exceeding $30,000; at most the financial amount affected by the appeal was the $3,771.36 daily occupation fee, and the respondent's legal costs and claimed loan interest were not amounts in dispute for r 38 purposes. Because r 38 did not apply and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Costs Application in an Internal Appeal From the Consumer and Commercial Division / Determined on the Papers After Leave to Appeal Was Refused and No Order as to Costs Was Initially Made
Outcome
The respondent's application for a different costs order was dismissed.
Legal Topics
['party/party Costs' 'internal Appeal Costs' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)' 'consumer and Commercial Division Costs' 'amount Claimed or in Dispute Threshold Under R 38 of the Civil and Administrative Tribunal Rules 2014 (nsw)']
['costs' 'civil and Administrative Law' 'residential Tenancy'] ['party/party Costs' 'internal Appeal Costs' 'special Circumstances Under S 60 of the Civil and Administrative Tribunal Act 2013 (nsw)' 'consumer and Commercial Division Costs' 'amount Claimed or in Dispute Threshold Under R 38 of the Civil and Administrative Tribunal Rules 2014 (nsw)']

Source-derived case record

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Procedural Posture

Costs Application in an Internal Appeal From the Consumer and Commercial Division / Determined on the Papers After Leave to Appeal Was Refused and No Order as to Costs Was Initially Made

Legal Issues

  1. 1 ['Whether the respondent should receive a different costs order from the order that there be no order as to the costs of the appeal.' 'Whether rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) permitted a costs award because the amount claimed or in dispute exceeded $30,000.' 'Whether special circumstances warranted an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' "Whether the respondent's claimed legal costs and loan interest were amounts in dispute for the purposes of r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW)."]

Ratio Decidendi

The appeal did not involve an amount claimed or in dispute exceeding $30,000; at most the financial amount affected by the appeal was the $3,771.36 daily occupation fee, and the respondent's legal costs and claimed loan interest were not amounts in dispute for r 38 purposes. Because r 38 did not apply and the respondent did not identify or establish special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW), there was no basis to depart from the order that there be no order as to costs.

Court Disposition

The respondent's application for a different costs order was dismissed.

Orders

  • ["The respondent's application for a different costs order to order (2) made on 17 December 2021 is dismissed."]